Form 1 NATIONAL RAILROAD ADJUM~IENT BOARD Award No.
7571
SECOND DIVISION Docket No.
71+53
2-i~T&W-CM-'
78
The Second Division consisted of the regular members and in
addition Referee Arthur T. Van Wart when award was rendered.
( System Federation No. 16, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
( Norfolk and Western Rail-wray Company
Dispute: Claim of Employes:
1. That carrier has violated the current working agreement by
allowing A. B. Contos a position on the Carrien's (Car
Repairers) Seniority Roster at Bellevue, Ohio with seniority
date of July
2, 1971.
2. That A. B. Contos' name be placed correctly on the Carmen's
(Car Repairers) Seniority Roster at Bellevue, Ohio.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and eriploye within the meaning of the
Railway Labor Act as approved June 21,
1931+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The instant dispute involves the allegation that Carrier had improperly
placed Carman A. 13. Contos on the Cannen' s seniority roster at Bellevue,
Ohio with a seniority date of duly 2,
1971.
Subsequent to said Carman Contos being placed. on the seniority roster
with a seniority date of June
3, 1971,
a fellow Carman, R. A. Myers (seniority
date of July 12,
197?
), challenged the seniority date of Juts=
3, 1971 for
Carman Contos. Carrier ,reviewed. the service record o:(' Mr. Contos in the
presence of the Local Conmitt ee and corrected -the seniority date of Carman
Contos to July 2,
1971.
Such seniority date appeared. on the rosters
published in
1972, 1973
and
1974.
It was not until 1-~ay
29, 1074,
pore than two and. one-half years later,
that a protest -max filed alleging an improper seniority date for Carman
Con xtos. The grievrance thereon was handled
up
to and including the highest
designated officer who denied the grievance by letter dated April
4, 1975.
Form I
Page 2
Award No. 7571
Docket No. 7453
2-N&TW-CM-' 78
No further handling was given the subject grievance. However, under date
of II>eptember 12, 1975, the grievance was reinitiated at the local level and
handled through the usual channels and finally appealed to this Board.
Carrier alleges that the seniority date in question was arrived at
with full cooperation of the Local Committee, and that the time limit
provisions of Section V of the August 21, 1954 Agreement and laches bar
consideration of the dispute, by this Board. The Enployes, to the contrary,
allege that `the violation is a "continuing" violation and that a grievance
can therefore be filed at any time so long as that continuous violation
exists.
This Division, in its Award No.
6987
stated:
"This Board has long held that a claim is not a continuous
one where it is based. on a specific act vrhich occurred on
a specific date. While a coat-Ji_nuing liability may result,
it is settled beyond question that this does not create a
continuing claim. (See Thiz,d Division A,wa.rds 1116`7, 12982+,
15691,
16125, 18667, 19972, 20631.) In this case the date
of occurrence ~-~.s October 22, 1971. The claim ices not
presented until
!,Tay
8,
1972. Such a. filing was well beyond
the time limits."
We find the alleged grievance is -based on a specific act, that of
establishing a specific seniority date for Carman Contos. it, therefore,
does not constitute a continuous claim. fuithermore, we find no justif:i.cat~'.on
for '.the Organization and the ag;rieved (Carman myers), who were well az.nre
of Carman Contos' established. seniority date when the seniority roster was
posted in 1972, to have delayed handlin- a grievance until some two and
one-half (2-1/2) years later. They slept on their rights.
`lime limits legally entered into are binding on the parties. The
instant claim is barred and must, therefore, be dismissed.
A
w
A R D
Claim dismissed.
Attest: Executive Secretary
MTIONAL RULROAD ADJUSTI:NT BOARD
By Order of Second Division
~.-rational Railroad ",-d-Justment Boa
~~
semarie Brasch - AcLninistrative P~ssistant
Dated at Chicago, Illinois, this 23rd day of June, 1978.