NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
1960, following which Carrier wrote to the Organization outlining what had been discussed.
On November 23, 1960, the General Chairman of the Organization filed claims with Carrier's Superintendent, which were denied. Claims were appealed to the Assistant General Manager-Labor Relations on January 13, 1961, who affirmed the Superintendent's denial under date of March 29, 1961.
On December 19, 1961, Carrier received copy of the Organization's letter to the Third Division, NRAB, indicating their intention to file the dispute with your Board for adjudication.
OPINION OF BOARD: On June 10, 1960, Carrier abolished the positions of Crossing Watchmen at 148th Street and 149th Street, East Chicago, Indiana. On or about September 8, 1960, the duties formerly performed by crossing watchmen at the above location were allegedly, assigned to school crossing guards hired by the School Board as result of a contract entered into with Carrier. Negotiations between the Organization's representative and Carrier's representative on the alleged agreement violation proved futile and the instant claim was filed.
Carrier takes the position that the claim is barred because the Petitioner failed to file same with the Agent, the initial officer of the Carrier authorized to receive claims involving crossing watchmen.
There can be no dispute that by application of Article V, 1(a) a claim, as the instant one, is barred if the same had not been presented in writing to the proper officer of the Carrier and such objection is timely raised during the handling on the property.
Upon the record before us we find no evidence that Petitioner presented claim initially to the proper officer of Carrier and in the absence of such proof the claim is barred. We are compelled to dismiss the claim.
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
That the Claim was not properly presented in accordance with Article V, 1(a) of the August 21, 1954 National Agreement, and therefore, the Claim is barred.