PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
CENTRAL OF GEORGIA RAILWAY COMPANY

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:


(1) The Carrier violated the effective Agreement when it assigned Apprentice Foreman A. P. Brinson to perform Section Foreman's duties during the month of February, 1958 and failed and refused to compensate him therefor at the Section Foreman's rate of pay.



EMPLOYES' STATEMENT OF FACTS: The Claimant was regularly assigned to the position of Apprentice Foreman on the Section headquartered at Millen, Georgia.


During the month of February, 1958, the claimant was assigned to and performed the duties attached to the position of section foreman on the aforementioned section, for which he was compensated at the Apprentice Foreman's rate of pay.


The dates and the section foreman's duties performed by the claimant are as follows:


On February 3, 1958, the claimant accompanied by two laborers, patrolled track (motored) from Millen, Georgia to Mile Post 84%z and return, a total of eleven miles, raising and leveling track at Mile Post 84%.


On February 5, 1958, the claimant accompanied by two laborers patrolled track (motored) from Millen, Georgia, to Waynesboro, Georgia, and return, a total of forty-two miles, making track repairs, in Waynesboro yard, inspecting track, and replacing missing track bolts;



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OPINION OF BOARD: Article V of the November 5, 1954 Agreement between these parties (National Agreement of August 21, 1954) contains the following deemed pertinent and applicable here:






The record establishes that this claim was finally declined by the highest officer designated by this Carrier to handle the dispute on October 9, 1958. No extension of time was requested by either party. The Organization's letter submitting the claim to this Division is dated August 19, 1959. Thus, more than 9 months elapsed between the date of final declination on the property and the date proceedings were instituted before this Division.


The Board has held that where, as here, a conference takes place after the decision is affirmed, the time limit on claims rule is not extended thereby.


(Awards 10347, 10688, 11597.)

In view of the foregoing, the Board may not properly proceed to a consideration of the merits of this claim. It will be dismissed for failure to comply with the time limit requirements of Article V of the Agreement.


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 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



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Dated at Chicago, Illinois, this 23rd day of April 1964.