THIRD DIVISION
(Supplemental)
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD COMPANY
(1) The, claim presented in behalf of Section Laborer F. D. Magnetta by General Chairman J. G. James in his letter of July 30, 1962 to Roadmaster C. E. Fox should have been allowed, as presented, because said claim was not disallowed as required by or in conformance with Sections 1(a) and (c) of Article V of the August 21, 1954 Agreement. (Carrier's Case D-1406-A.)
(2) The Carrier be required and ordered to allow the claim presented in the aforementioned letter of July 30, 1962, namely, that Section Laborer F. D. Magnetta be allowed payment for a call (two (2) hours and forty (40) minutes at his time and one-half rate) for the dates of June 2, 3, 9, 10, 16, 17, 23, 24, 30 and July 1, 4, 7, 8, 14, 15, 21 and 22, 1962, and for each Saturday, Sunday and holiday subsequent to July 22, 1962 that the claimant is deprived of the right to service cabooses.
The Agreement in effect between the two parties to this dispute dated September 1, 1949, together with supplements, amendments, and interpretations thereto is by reference made a part of this Statement of Facts.
CARRIER'S STATEMENT OF FACTS: The instant claim is entirely devoid of merit and this is evidenced by the fact that the employes have progressed this claim to your Board strictly under the provisions of Article V of the Agreement of August 21, 1954 (Time Limit on Claims Rule).
Inasmuch as the instant claim is devoid of merit or, in other words, inasmuch as the instant claim is an invalid claim, the provisions of Article V of the Agreement of August 21, 1954 are not applicable to the instant claim because Board Awards have held that the provisions of Article V are inapplicable until or unless a valid claim is filed or, in other words, the previsions of Article V do not apply to invalid claims, therefore, the instant invalid claim must be dismissed in its entirety.
There is attached as Carrier's Exhibit A copy of letter written by Mr. S. W. Amour, Assistant to Vice President, to Mr. J. G. James, General Chairman, under date of March 8, 1963.
OPINION OF BOARD: The case is here strictly on a time limit question under Article V of the Agreement.
The record shows that the claim was presented to the Roadmaster in a letter dated 30 July, 1962, and it was not until 9 November, 1962, that the Roadmaster disallowed it. Since the denial of the claim was not timely, it is payable under Article V, to the date of the late disallowance, 9 November, 1962. See National Disputes Committee Decision No. 16; Award 13780; as well as Awards 14369, 15050, 15069, 15223, 15448 and 15933.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of bearing thereon, and upon the whole record and all the evidence, finds and holds: