STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Louisville and Nashville Railroad Company that:
(a) The Carrier violated the current Signalmen's Agreement, as amended, especially Rule 46, when it failed to advertise and fill a vacancy that was created on or about July 15, 1957, when Signalman G. D. Spence was granted sick leave.
(b) The Carrier now assign Mr. W. C. Peterson a seniority date in the Signalman class as of the date Mr. Spence vacated his Signalman position.
EMPLOYES' STATEMENT OF FACTS: On or about June 26, 1957, Mr. G. D. Spence was granted a 30-day leave of absence, because of illness, from his permanent Signalman position on Gang No. 7. Mr. Spence requested an extension of his leave beyond the 30 day limit, which required the Carrier to bulletin the position as temporary, as provided for in Rule 46 of the Signalmen's Agreement. Instead of bulletining the position, the Carrier issued a notice on Bulletin No. 1311 of July 15, 1957 stating that the temporary position caused by Mr. Spence's sick leave was being abolished, as a temporary position only. Mr. Spence later returned to work and was placed on his position on Gang No. 7, but finding that he could not work because of his condition, he requested and was granted a 90-day leave of absence. Then, on Bulletin No. 1347, dated January 15, 1958, the Carrier advertised Mr. Spence's position as temporary. As the Carrier had failed to fill the vacancy caused by Mr. Spence's leave of absence, as provided for in Rule 46, Mr. Tom McCamy, General Chairman, presented a claim to Mr. C. S. Cates, General Signal Construction Foreman, on February 7, 1958, as follows:
All matters referred to herein have been presented, in substance, by the carrier to representatives of the employes, either in conference or correspondence.
OPINION OF BOARD: The Board holds that employe has not complied with Section 1 (a) of Article V of the August 21, 1954 Agreement of the parties.
The claim presented in writing on February 7, 1958 alleged that the Agreement was violated by Carrier on July 15, 1957. More than 60 days elapsed from the date of the occurrence on which the claim was based.
From the above facts, the Board concludes that the claim is barred. See Awards 8564 and 9189.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds;
That the Carrier and the Employes involved in this dispute are respectively 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