THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhod of Railroad Signalmen on the Atchison, Topeka and Santa Fe Railway Company that:
EMPLOYES' STATEMENT OF FACTS: Mr. J. K. Bullard, whose date of birth was September 21, 1932, was employed as a Signal Helper by this Carrier on July 31, 1951, promoted to Class "C" Assistant Signalman on August 20, 1951, and promoted to Class "B" Signalman on July 28, 1952. The Carrier granted Mr. Bullard a leave of absence that began on August 1, 1952. On August 28, 1952, Mr. Bullard entered military service, from which he was discharged on May 31, 1956. On August 22, 1956, Mr. Bullard reported to the Carrier for reemployment, was given an entrance to service physical examination and was notified that he was disqualified because of his physical condition. Under date of January 20, 1958, Mr. John M. Royse, Local Chairman, wrote the following letter to Mr. G. A. Alexander, Superintendent:
It is also significant to note that the Brotherhood representatives have not, in their handling of the instant dispute with the Carrier, ever advanced a contention that the claimant Mr. Bullard is physically able to return to the Carrier's service in a capacity covered by the Signalmen's Agreement and perform the duties thereof. The Brotherhood has simply contended that Mr. Bullard should have his name restored to the seniority roster.
In conclusion, the Carrier respectfully reasserts that the claim of the Brotherhood in the instant dispute is wholly without merit or support under the agreement rules in effect between the parties hereto and should be either dismissed or denied for the reasons expressed herein.
The Carrier is uninformed as to the arguments the Employes will advance in their ex parte submission and accordingly reserves the right to submit such additional facts, evidence and argument as it may conclude are required in replying to the Employes' ex parts submission.
All that is contained herein is either known or available to the Employes or their representatives.
OPINION OF BOARD: Claimant left the Carrier's employ in 1952 to enter the military service, received a medical discharge therefrom in 1956 because of chronic arthritis, and within sixty days thereafter presented himself to the Carrier for re-employment. It was found that because of his chronic arthritis he was physically disqualified to perform the duties of any position in his seniority district, that his attempt to do so would be dangerous to him and other employes, and that in view of the absence of any known cure for arthritis there was no likelihood that he would recover sufficiently for such employment. Consequently he was informed by letter on September 25, 1956, that his name was being removed from the seniority roster, and it did not appear on the annual seniority roster of January 1, 1957.
No action was taken by or for Claimant until July 8, 1957, when Claimant asked the Signal Supervisor at La Junta to return him to service, and January 20, 1958, when the Local Chairman by letter protested his removal from the seniority list.
Several questions are raised as to what statutes and provisions of the Agreement apply, and what Claimant's rights are under them. However, it is impossible for us to consider those matters; for the objection was raised by Carrier on the property that the claim was presented long after the sixty day limit prescribed by Article V 1(a) of the August 21, 1954 National Agreement for the presentation of a claim or grievance after the date of the occurrence upon which it is based.
Since the Claim was not made within the time provided by the Agreement this Board has no authority to consider it on its merits.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds: