Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11474
SECOND DIVISION Docket No. 11311-T
88-2-86-2-125
The Second Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM:
1. That the Norfolk & Western Railway Company violated Rule No. 28
of the current controlling Agreement when on July 9, 1984 and August 6, 1984
Carrier filled Cayman Apprentice vacancies at Roanoke East End Shops with
furloughed Machinists when furloughed Apprentice Carmen were available.
2. That because of such violation, the Norfolk & Western Railway
Company be ordered to compensate E. M. Kline, J. D. Cobb and P. C. Wright the
daily rate of pay at eight hours per day at the pro rata rate for each day the
three Machinists has worked until this matter is resolved.
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 employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
As Third Party in Interest, the International Association of Machinists and Aerospace Workers was advised of the pendency of this dispute, and
filed a Submission with the Division.
Claimants all are employed as apprentice carmen by the Carrier at its
Williamson, West Virginia, facility. At the time of the events underlying
this claim, all three Claimants were on furlough. On July 9 and August 6,
1984, Carrier employed furloughed machinists to fill two apprentice painter
vacancies and one apprentice patternmaker vacancy at its Roanoke, Virginia,
shop. The Organization thereafter filed a claim on Claimants' behalf, challenging Carrier's use of machinists to fill these vacancies.
Form 1 Award No. 11474
Page 2 Docket No. 11311-T
88-2-86-2-125
This Board has reviewed the record in this case, and we find that the
claim was not filed in time and therefore must be dismissed.
The Organization is alleging that Carrier engaged in wrongdoing on
July 9 and August 6, 1984. However, a claim was not initiated in connection
with this matter until April 16, 1985. The Agreement provides that a claim
must be filed within sixty days of the date of the occurrence on which the
claim is based. The claim in this case was not filed until nine months had
passed.
Although the Organization claims that this is a continuing claim and
therefore the grievance was filed in a timely fashion, this Board disagrees.
The violation involves a specific articulated act which occurred on a clearly
designated or ascertainable date. As we have stated in the past, that does
not constitute a continuous claim. (See Awards 7571, 7581, and 16161.)
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. D - Executive Secretary
Dated at Chicago, Illinois, this 11th day of May 1988.