STATEMENT OF CLAIM: (12) Carrier's file 0-105. Claim No. 70077400 by the General Committee of the Order of Railroad Telegraphers on the Chicago Great Western Railway that:
EMPLOYES' STATEMENT OF FACTS and POSITION OF EMPLOYES: The above Carrier described cases are not ready for consideration and action by your Board. They are a group of unsettled disputes involving this Carrier and this Organization which have not been handled to conclusion on the property and the right of this Organization to endeavor to settle them by further negotiations or by means other than National Railroad Adjustment Board pursuant to Article 5, Section 5, of the Agreement of August 21, 1954, has been challenged by the Carrier in the Courts.
It is, therefore, our position that until the Courts have determined this matter and until these disputes have been handled as provided in Section 3, First (i) of the Railway Labor Act, as amended, they are not properly referable to your Board Four hundred and eighty copies of this submission are being forwarded under separate cover to accommodate each of your thirty-two files.
CARRIER'S STATEMENT OF FACTS: The Carrier and The Order of Railroad Telegraphers are parties to National Agreement signed at Chicago,
Illinois, August 21, 1954, between participating Eastern, Western, and Southeastern Carriers and Employes represented by the Fifteen Cooperating Railway Labor Organizations signatory thereto. Attached hereto as Exhibit °A" is reproduction of Article 5-Time Limit on Claims Rule (effective January 1, 1955) of that Agreement, and which is made a part hereof. Section 2 of said Article 5 reads in part:
The instant claim was appealed to Personnel Officer D. K. Lawson (highest officer designated by the Carrier to handle claims and grievances) by O.R.T. General Chairman L. M. Kingsbury under date of October 29,1952 and was declined in writing in Personnel Officer's letter of O.R.T. General Chairman Kingsbury dated July 17, 1953, i.e., claim was declined in writing prior to effective date (January 1, 1955) of Article 5 (Time Limit on Claims Rule). Consequently, the Employes had a period of twelve (12) months after January 1, 1955, or until January 1, 1956 in which to appeal to the appropriate board of adjustment before the claim herein became barred by the terms of Section 2, Article 5. No agreement was made nor was any understanding had by the parties hereto at any time, written, verbally or otherwise, with respect to extending the period in which the Employes could appeal to the appropriate board of adjustment. The Employes failed to appeal this claim to the Third Division, National Railroad Adjustment Board, prior to January 1, 1956.
CARRIER'S POSITION: There is a dispute between the parties hereto as to whether or not the claim herein is barred by the terms of the August 21, 1954 Agreement, Article 5, copy of which is attached hereto and made a part hereof-sole purpose of this ex parts submission is to resolve that dispute.
It may be noted from Carrier's Statement of Facts that the claim herein was denied by the Carrier's highest officer of appeal in letter dated July 17, 1953, and that by terms of Section 2, Article 5 of the August 21, 1954 Agreement, the Employes had a period of twelve (12) months after January 1, 1955 (effective date of said Article 5), or until January 1, 1956, in which to appeal to the appropriate board of adjustment before said claim became barred by the terms of Section 2, Article 5. The Employes failed to exercise their prerogative of appealing the claim herein to the appropriate board of adjustment on or before January 1, 1956, and due to that failure it is the Carrier's position and evidence is conclusive that the claim herein is now barred by the terms of Article 5 of the August 21, 1954 Agreement, and is null and void. The Third Division, National Railroad Adjustment Board, is, accordingly, requested to so find and deny the payment of this claim.
Exhibit "A" is attached hereto and made a part hereof as if fully set forth herein.
OPINION OF BOARD: This case is the same as in Award 10460, in all material respects. For the reasons stated in that award, this claim should be dismissed. 10471-3 315