THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Central of Georgia Railway Company that:
EMPLOYES' STATEMENT OF FACTS: Mr. R. L. Stewart was a furloughed Assistant Signalman for this Carrier. During the period of time commencing August 4 through August 22, 1958, the Signal Maintainer with headquarters at Alexander City, Alabama, was on vacation and the Carrier recalled Mr. Stewart from the furloughed list to fill the vacation vacancy. Mr. Stewart filled the vacation vacancy at Alexander City, Ala., from August 4 through August 22, 1958, and was required to continue on the assignment during the week of August 25 through August 29 due to the Signal Maintainer being off sick.
After completing the relief assignment at Alexander City, Ala., Mr. Stewart submitted a statement of expenses covering the period August 4 through August 29, 1958, to Mr. W. M. Whitehurst, Signal Engineer.
Under date of September 2, 1958, Signal Engineer Whitehurst wrote Mr. Stewart and declined to pay the expenses for the period of August 4 through August 22, 1958, but stated that he would allow expenses incurred during week of August 25 through August 29 if Mr. Stewart would re-submit an expense account covering just that period. The letter read as follows:
the claim is clearly not supported by the Central of Georgia in evidence, and the Board cannot do other than make a denial award.
OPINION OF BOARD: Carrier urges that the claim should be dismissed because it was not appealed within the sixty-day time limit provided in Article V. The record shows that the General Chairman's appeal to the Chief Engineer was beyond the sixty-day period; however, the Chief Engineer accepted the appeal and declined the claim on its merits without invoking Article V. The claim was then progressed and handled in the usual manner with carrier's highest designated officer. Under these circumstances, we hold that the bar was not timely invoked and must be deemed to have been waived by carrier in this particular case.
As to the merits, Awards 12342 and 12343 involve disputes identical in principle between these same parties. We adopt the opinion therein as determinative of the issue in this docket.
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