Form 1
Parties to Dispute:
Dispute: Claim of E=, lo~res:
NATIONAL RATLROID ADJUS`1''T.IL',iiT I30AfLD
SE=nD DIVISION
Award No.
7626
Docket No.
7116
2-131VT-CM-'
7B
The Second Division consisted of the regular members and in
addition Referee Robert C. Williams when award was rendered.
System Federation No. 7, Railway E.mployes'
Department, A.
.r,
of L. - C I 0.
(Carmen)
Burlington Northern Inc.
l) That under the current agreement flue Carrier improperly assigned.
ot,h.er than c4,rmon to assist wrecking crew to perform wrecki.ng
service at Brush, Colorado on Decoznber 13; 1973.
2) That accordingly, Carrier be ordered to additionally compensate
the following Denver, Colorado cs.rrren in the anount~ of fifteen
(15) Yours each at tire arTl.icable overtime rates:
Z. I3. Vechazane
J. C. Lombardi
J . M. T·'a't;i
a
eX'
E. 1). Blucher
C. G. Breeden
J. H. Rohr
L. A. Iwa.pol:i_tan
W. L. HavTkins
Findings:
A. R. Coe
C'=. E. Myers
J. F. Swcdensky
F . S . P·!uno z
J. A. Merrick
Z°1. W. Mlyers
J- . ).2 . I,'Szro z
T. G. Morris
The Second Division of the Adjustment 13oax;~i, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the azr.ploye o r employes involved in this
dispute are respectively carrier and employe within the meaning of the
Railway Labor net as approved June 21,
1934,
This Division of the Adjustment ;;owed t=as jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appc-`arance at hearing thereon.
The claim in this case was filed an January 20,
1970
by the Organization's
Local Chairman. The Local Chairman's return address on the claim letter vras
4460
I~anan Strcet, Denver, Colorado. On I,Iarctz ~W,
1974
a letter of denial
was sent by Company mail to the Local Chairman in care of the Carrier':
Assistant Vaster Mechanic at Ord Stveet - .',3ttY'lpn.r);tar. u`!o .rLl:!ern R. R. ,
Denver, Colorado. The letter of denial was delivered fro the Local Chairman
Form 1 Award No.
7626
Page 2 Docket No. 71+6
2-BNI-CM-'78
on April
4, 1974.
The letter of denial therefore was actually received by
the Local Chairman eight (8) days after the sixty
(EO)
day time limit
contained. in Rule
34( a.) .
The .procedural issue in this case is whether the Carrier complied with
the sixty
(60)
day time limit in Rule
34(a.).
Such notice provisions
ordinarily are satisfied when a party gives up control of a letter by
dispatching it in the U. S. T'a:ias ox other method of co_`rLrzunication author:ized
by the Organization. There was no evidence in the record to show that the
Local Chaixman auth_o??i,sea the use of t'.ne Con-:~pwny rails as a method of
communication. In :fact, the Local Cha:i_r,:n:j.n used a, x~evurn address on his
claim 1 et'ce r, but the Carrier elected to use another address for a carrier
representative. The Carrier did not reiinquisln control over :its letter of
denial when it
-V:.ts
sent in the Company
.r=v.i1.
The Local
Chairman
did not
authorize the use of CoizNany mail. Under such circus=!stances not-ice, mas
not effective until vll)o Carrier relinquished control over the letter
ay
actually- delivering, it to tae Local Clias.i~:<~n. The notice o1 denial
therefore eras not given by the Carrier until after the sixty
(GO)
day 'ciMliiuit under
1~z1e
3L-(a).
This Board leas no discretion with respect -to this
tine l:i_:r.t. Under Ivz;'.e *-,,I(a) a cl.a:irn :;asst be allowed as presented when the
Carrier -fails to live tir.:ely notice. The claim tineref;:t~_- must be sustained
on a procedural
bWsi.^
and ;,his Board a<a~re;~ses no opinion concerning the
merits of substwiitive issue;.
A
L,i A Ii D
Claim sustained.
NATIOT,:AL RAILROAD ADaI7CfI%7E1V'T . BOART)
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
.... ~~
BY f ` y'"~`'`<-~=v.%~.,~,P,.r~--;°_1.~ ~ ,,.~f,,
. - ,~....¢,~?,..~;r
.._.~ ~ :, ,. , ..~...--
___--'ko:;~emav:I a Bx°o.sclr --
tdrcirlis
~,rwuive i,;:s:i_:>'c~.nt
Dated/at Chicago, Illinois _, this
':Ls-t day of Jm7..y, 178.