NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
William H. Cobura, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
FLORIDA EAST COAST RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL 5080) that:
1. The Carrier violated Rules 1, 2, 3, 66 and 70, among others,
of the January 1, 1938 Agreement when effective May 16, 1960 it
nominally abolished position No. 3, Ticket Clerk at New Smyrna
Beach, and concurrently therewith turned the duties of that position
over to and required the Agent, a supervisory employe not covered
by any agreement, to perform routine clerical work covered by the
agreement between the parties and,
2. Carrier shall now be required to restore the work here in
question to the scope and operation of the Clerks' Agreement, and
assign it to employes covered thereby.
EMPLOYES' STATEMENT OF FACTS: Ticket Clerk Position No. 3, at
New Smyrna Beach, was last advertised under the provisions of the Clerks'
Agreement by Bulletin No. 129-CL, dated September 29, 1955, and the following duties were stipulated in that bulletin:
"Duties of this position consist of selling tickets, making Pullman
and coach reservations, checking and delivering baggage, keeping
ticket accounts, preparing numerous reports, and such other work
as may be assigned by Agent."
On May 13, 1960, Carrier's Superintendent wrote the incumbent of Ticket
Clerk Position No. 3 as follows:
"Position No. 3, ticket clerk at New Smyrna Beach, to which you
are assigned, will be abolished at end of tour of duty Sunday, May
15, 1960.
You are cautioned of the importance of filing your name and
address, in duplicate, in accordance with provisions of Rule 19 (b) of
Clerks' Agreement if reduced to furloughed list."
[5271
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548
OPINION OF BOARD:
The record in this case discloses a clear failure
'by the Employes to comply with the Time Limit Rule of the effective Agreement, and, more specifically, Paragraph 1 (a) reading as follows:
"All claims and grievances must be presented in writing by or on
behalf of the employe involved, to the officer of the carrier authorized
to receive same, within sixty days from the date of the occurrence on
which the claim or grievance is based . . ." (Emphasis ours.)
The alleged violation upon which this claim is based occurred when the
position of Ticket Clerk at New Smyrna Beach, Florida, was abolished as of
the end of tour of duty May 15, 1960. Effective notice of such abolishment
was served on the representative of the employes, in writing, on May 13, 1960.
The subject grievance was not filed with Carrier until January 17, 1961, at
which time the defense of failure to comply with the rule was raised. It was
again asserted at each stage of the progress of the claim on the property.
This is not, as the Employes argue, a continuing claim because it is based
entirely upon a single event, the abolishment of the position-an action that
occurred on May 16, 1960. (Second Division Award 3594.)
Accordingly, the Board finds the claim must be dismissed for failure to
comply with the Time Limit Rule of the effective Agreement.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
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
The Claim is barred.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 21st day of October 1964.