Location Shift Classification Rate Rate

South Bend Ticket B-N $450.00

1 D 1.889

1 D 1.829

1 D 1.829

2 D 1.829

3 D 1.829

It is obvious, therefore, that you are not willing to continue negotiations in an effort to reach a settlement that would resolve the two disputes which have been so closely related since their inception.

That being the case, we are withdrawing our offer to negotiate a change in the classification and rate of the Clerk-Operator's rate at South Bend. At the same time we reaffirm our previous decision that Article 6 was not involved and, therefore, not violated, in the handling of Local Chairman Boiko's request for an increase in the rate of the position of Clerk-Operator at South Bend. It is our further decision that the facts do not support your request for an increase in the rate of this position under the provisions of Article 20(c) of your agreement, and we are not willing to grant any increase in the rate of that position."

On May 26, 1959, the Carrier received formal notice from the Third Division advising that the Organization would file an ex parte submission of the dispute concerning an alleged violation of the Time Limit on Claims Rule, Article 6.

For reasons hereinbefore stated, the merits of this case have not been handled on the property as required by the Railway Labor Act, as amended, and the only issue before this Board for adjudication is whether or not Carrier violated the Time Limit Rule. Carrier asserts that in this case such rule was not violated as it is not applicable to a situation of this kind, i.e., a matter of negotiation.

OPINION OF BOARD: It is clearly evident from the record before us that the claim here involved was received by the Carrier on May 16, 1958 and the sixty days which Carrier is allowed to deny or allow the claim began to run on May 17, 1958.

It is also evident from this record that Carrier's Transportation Superintendent sent a letter dated July 14, 1958 to the Local Chairman disallowing the claim, but it was not received by him until July 17, 1958.

It was obviously two days late under Article 6 of the agreement (Article V, of the August 21, 1954 Agreement).

The Carrier being thus in default, we must examine Claimant's request that Carrier allow the rate increase sought in the claim, retroactive to March 4, 1958, in the light of the ruling of March 17, 1965 by the National Disputes Committee that the "receipt of Carrier's denial letter stops the Carrier's liability arising out of its failure to comply with Article V of the August 21, 1954 agreement." Award 13780 and Second Division Award 4853.

In this instance, compensation is due the Claimant up to the date Carrier denied the claim on its merits (July 17, 1958) or 62 days.

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 Agreement was violated.

AWARD