Award Number 17528 Docket Number TE-168.16 NATIONAL RAILROAD ADJUSTMENT BOARD
STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communication Employees Union on the Tennessee Central Railway, that:
EMPLOYES' STATEMENT OF FACTS: An Agreement between the Tennessee Central Railway Company, hereinafter referred to as Carrier, and its employees in the classes named therein, hereinafter referred to as Employees, represented by the Transportation-Communication Employees Union (formerly The Order of Railroad Telegraphers), hereinafter referred to as Union, effective May 1, 1924, as amended and supplemented, is available to your Board and by this reference is made a part hereof.
The question at- issue here goes to Carrier's failure to grant OperatorClerk Mila J. Pride a twenty (20) day vacation during the calendar year 1965 or pay in lieu thereof.
Mrs. Mila J. Pride, hereinafter referred to as claimant, was dismissed from Carrier's service effective February 7, 1964. Claim was initiated in her behalf on the ground that:
Carrier and Employees have subsequently conferred on the subject a number of times in an effort to dispose of the monetary claim involved in Award No. 13683 but no settlement thereof has been reached and claimant has received no compensation as a result of said Award.
On February 16, 1966 claim was presented alleging in Part 1 thereof that Carrier violated the governing agreement, ' ^ '' when it failed to assign, relieve or otherwise provide a 20-day vacation for Operator-Clerk 91ila J. Pride during the calendar year 1965, or to pay her in lieu of same,' and claiming in Parts 2 and 3 thereof compensation essentially as set forth in the corresponding parts of the claim here before your Board. Said claim was declined at all stages of handling on the property as is reflected in correspondence relating thereto appended to this submission marked Carrier's Exhibits Nos. 1 to 5, inclusive.
Copies of the parties' agreements are on file with and available to your Board and are made a part hereof by reference.
OPINION OF BOARD: This claim presents the same basic issue as that discussed in our Award 17527 and, so far as application of the Vacation Agreement is concerned, wbat we said there applies equally here.
However, the compensatory portion o-f the claim, parts 2 and 3, allege improper payment for specific dates between November 1 and 26, 1965, but was not filed until February 16, 1966. This was more than the sixty days provided by Article V, Section 1(a) of the August 21, 1954 Agreement, for the filing of claims. This portion of the claim is, therefore, barred, rendering any other aspect of the dispute academic.
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;