BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
1. The Carrier violated the provisions of the Clerks' Agreement, effective July 1, 1963, when it assigned Special Accountant R. I3. Carolton, employed in the Comptroller's Office, St. Paul General Office, to perform the work of balancing money owed to other Carriers as a result of distribution through overcharge and loss and damage claims; to perform the work of balancing money owed the Northern Pacific Railway by other Carriers for loss and damage in overcharge claims; to process drafts received from the Treasury Department; and to perform the work of balancing of drafts paid by other Carriers that have not been cashed; on twenty successive workdays from September 4, 1967 to September 29, 1967, inclusive, excluding September 9, 10, 16 and 17, 1967.
2. The Carrier violated Rule 5 5 of the July 1, 1963 Clerks' Agreement when it failed to allow the claim of J. R. Koch, Jr., Bureau Chief, Freight Revenue Accounting Department, St. Paul General Office, as presented.
1967, inclusive, excluding September 9, 10, 16 and 17, 1967, in addition to the compensation already paid.
Enclosed as Carrier's Exhibit A is all correspondence concerning the handling of this claim on the property.
OPINION OF BOARD: The record in this case reveals that this claim was filed with Carrier on October 18, 1967; however, it was not denied by Carrier until December 26, 1967, sixty-nine (69) days subsequent to its presentation by the Organization. Accordingly, pursuant to Article V of the August 21, 1954 Agreement, Carrier violated the time limit and the claim, Part 3, should be paid as presented.
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
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
Upon application of the representatives of the Employes involved in the above Award, that this Division interpret the same in light of the dispute between the parties as to the meaning and application, as provided for in Section 3, First (m) of the Railway Labor Act, as approved June 21, 1934, the following interpretation is made:
The Organization is complaining that Carrier refuses to compensate the claimant $25.52 per day on days claimant did not occupy the position in question due to promotion, vacation, leave of absence or vacation.
However, the claim as presented to this Board is for payment to claimant "at the rate of $25.52 per day on each of the twenty workdays occurring during the period September 4, 1967 to September 29, 1967, inclusive, excluding September 9, 10, 16 and 1.7, 1967, in addition to the compensation already paid."
This Board is without authority to expand a claim. We are limited, if we find a violation, as we did in the instant claim, to allowing the claim as presented before this Board. Therefore, the Organization's contention in this regard is without merit and must be denied.
Referee Paul C. Dugan, who sat with the Division, as a neutral member, when Award No. 18079 was adopted, also participated with the Division in making this interpretation.