NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Edward F. Carter, Referee
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes that:
1. Carrier's action in removing from its service Mr. Virgil E. Coley, Ticket Stock Clerk in the Passenger Traffic Department at Savannah, Ga., on June 8, 1948, was violative of rules of our Agreement with the Carrier effective September 1, 1944 that governs the employes' hours of service and working conditions.
2. Mr. Coley be reingtated to service of Carrier with seniority rights unimpaired and paid for all wage loss sustained from date of his improper removal from service on June 8, 1948.
OPINION OF BOARD: Claimant held the position of Ticket Stock Clerk in the Passenger Traffic Department at Savannah, Georgia. The position was one requiring the giving of a bond. Claimant was removed from service on June 8, 1948 and he immediately demanded an investigation and hearing which was afforded him on June 14, 1948. The hearing resulted in his dismissal from the service. The case was appealed to the highest official designated to handle grievances. On July 26, 1948, such officer, S. L. Peek, Director of Personnel, advised the General Chairman in part as follows:
On October 25, 1948, Mr. Peek wrote the General Chairman in answer to the latter's letter of October 23, 1948, in part as follows:
The appeal to this Board was filed on December 28, 1949. Whether the final decision of the Carrier's highest official designated was on July 26, 1948 or October 25 1948, more than one year had elapsed when the claim was filed with this Board. The claim is therefore barred as the rule plainly provides.
The Organization contends that there was a further oral handling on or about May 5, 1949. The record discloses that the General Chairman discussed with Mr. Peek the possibility of reinstating claimant because of claimant's good record while on probation after pleading guilty to the commission of a felony. This was an attempt to obtain leniency and was not a decision of the highest official designated within the meaning of Rule 29 (d). The final decision of the case was clearly made by the highest official designated on July 26, 1948 or October 25, 1948.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respec tively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and