Docket No. CL-17402
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Arthur W. Devine, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-6357) that:
1. Carrier violated the rules of the Clerks' Agreement at
Minneapolis, Minnesota, when it failed to comply with the procedural
requirement for the handling of discipline and grievance cases as
established and provided in Rule 22 of that Agreement.
2. Carrier further violated the Agreement when following investigation with employe James Flowers, it dismissed him from service on charges which were never properly filed or proven.
3. Carrier shall be required to clear the record of the alleged
charges; restore employe James Flowers to service on Head Janitor Position No. 1303 at Minneapolis, Minnesota with seniority and
all other rights unimpaired, and compensate him for all wage losses
suffered from March 13, 1966 until he is restored to service.
OPINION OF BOARD:
The Claimant herein was dismissed from service of the Carrier on April 7, 1966.
The record establishes that the claim in behalf of Claimant was not
presented to the officer of the Carrier authorized to receive same, the
Stationmaster at Minneapolis, until July 5, 1966, or 88 days from the
date of the occurrence on which the claim is based. We find, therefore, that
the claim has not been properly handled in accordance with the provisions
of Section 1(a) of Article V of the Agreement of August 21, 1954, and is
barred. See Award 16014 involving the same parties and others cited therein.
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
That 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 30th day of October 1968.
Keenan Printing Co., Chicago, 111. Printed in U.S.A.
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