NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-5761) that:
EMPLOYES' STATEMENT OF FACTS: There is employed at 63rd Street, Chicago, Illinois, a force of employes who perform the janitor work in the Passenger Station and Accounting Department Offices subject to the provisions of the Clerks' Agreement with the Carrier effective June 23, 1922, as revised.
Prior to January 6, 1964, a force of Red Cap employes was maintained at the 63rd Street Passenger Station to handle patrons' hand baggage who were arriving and/or departing that station. These employes were subject to the provisions of an Agreement between the Carrier and the United Transport Service Employes of America.
Effective January 5, 1964, Carrier abolished all Red Cap positions assigned to work at the 63rd Street Station.
in addition to handling the patrons' baggage, they now attach checks to patrons' bags and collect the service charge. The only new so-called duty assigned to the janitors on January 6, 1964 is attaching checks to some of the passengers' bags, and collecting the service charge. This is the only work in dispute.
On March 3, 1964, General Chairman Copeland presented a claim in behalf of four of the janitors for a day's pay for each day they were required to assist patrons. On March 20, 1964, General Chairman Copeland appealed the claim to Superintendent R. 0. Bodell. Mr. Bedell did not decline it until July 3, 1964. On July 15, 1964, Mr. Copeland appealed only the money claim to the manager of personnel. He did not contend the claim had any merit, but that it was valid because Mr. Bedell failed to decline it within the time limit. In his appeal letter of July 15, 1964, Mr. Copeland said:
The general chairman recognized the claim had no merit, but claimed pay solely on the time limit violation. The company declined the claim on the grounds that the penalty claimed was unreasonable and that liability, if any, existed only for the period between the date of appeal to Mr. Bedell and the date of his late declination.
The union refused to compromise, and appealed the claim. However, it amended the claim on appeal. In addition to the claim for money, it asks the Board to rule on the claim's merit and to assign work to Red Caps. The pertinent correspondence is attached as Management's Exhibits A through H.
OPINION OF BOARD: Claim was filed on March 3, 1964. It was appealed to Carrier's Superintendent on March 20, 1964. He denied it on July 3, 1964, which failed of compliance with the 60 day time limitation prescribed in Article V of the August 21, 1954 Agreement. We will sustain paragraphs (a) and (b) of the Claim as presented with Carrier's monetary liability terminating on July 3, 1964. See Award No. 13780. Inasmuch as the Claim is not before us on the merits, we will dismiss paragraph (c) thereof.
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
Paragraphs (a) and (b) of the Claim sustained to extent set forth in the Opinion.