BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6646) that:
EMPLOYES' STATEMENT OF FACTS: The Comptroller's Department constitutes one seniority district and the Freight Revenue Accounting Department constitutes one seniority district in the application of Rule 4 of the July 1, 1963 Clerks' Agreement. These seniority districts are located in the St. Paul General Office.
James R. Miscera, who has acquired a seniority date of January 27, 1955 in the Freight Revenue Accounting Department, is assigned to a position of Clerk in the Freight Revenue Accounting Department, St. Paul General Office, working from 7:46 A. M. to 4:30 P. M., Monday through Friday. At the time this claim arose, the position assigned to Mr. Miscera was paid a rate of $23.5393 per day.
The position of Clerk assigned to Mr. Miscera is subject to various rules of the current Clerks' Agreement, which became effective July 1, 1963.
Under date of December 21, 1967, Division Chairman Dagnon again wrote the Manager of Freight Revenue Accounting, stating that as no declination for his claim filed on October 18, 1967, had been received, claim was in violation of Time Limit on Claims Rule, and should be allowed.
On December 26, 1967, Manager of Freight Revenue Accounting declined the claim of October 18 and December 21, 1967.
Claim was subsequently appealed by General Chairman Whelan to the Assistant Vice President-Labor Relations, the highest officer designated to receive claims, who declined the claim on April 25, 1968. The BRAG General Chairman declined the decision and, consequently, conferences were scheduled and held with the view of disposing of all claims by means of a rate adjustment, but no agreement was reached between the BRAG and the Carrier in disposition of this claim and other claims.
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 the 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 asking this Board to expand the claim so that claimant may be compensated for days claimant did not occupy the position in question due to promotion, vacation, leave of absence or resignation. We have no authority to so comply. This Board is relegated, in this instance, to allow the claim as presented before this Board.
The Carrier shall allow claimant pay at the rate of $23.5393 per day for October 12 and 13, 1967.
Referee Paul C. Dugan, who sat with the Division, as a neutral member, when Award No. 18080 was adopted, also participated with the Division in making this interpretation.