Award No. 18636
Docket No. CL-18987
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
BOSTON AND MAINE CORPORATION
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-6838) that:
1. Carrier violated Rule 24(b), as amended, of the Clerks Agreement effective September 1, 1952 also, Decision CL51 dated July 17,
1962 when it refused to properly compensate, L. A. Henderson Chief
Engine Crew Dispatcher, Engine Terminal, Boston, Mass., for work
performed on May 26, 1969 (Memorial Day Holiday).
2. Carrier sball now be required to pay L. A, Henderson his then
regular days pay of $31.04 for May 26, 1969 in addition to payments
already made.
EMPLOYE'S STATEMENT OF FACTS: Claimant entered service October 18, 1940 and has a seniority date of March 24, 1941. At time of claim
he owned the regular position of Chief Engine Crew Dispatcher at Carriers'
Engine House Boston, Mass., working regularly Monday torn Friday from
7:30 A. M. to 3:30 P. M.; Saturday and Sunday, rest days; daily rate $31.04.
Claimant had been out on sick leave from April 22, 1969, returning to
work on the Memorial Day Holiday, Monday, May 26, 1969. He was paid
punitive time only for working on that day, instead of his regular days pay
in addition to the punitive rate of time and one-half.
On June 3, 1969 his General Foreman wrote him as follows:
"Boston-June 3, 1969
Time Claim
Holiday Pay
Mr. L. A. Henderson
Chief Engine Crew Dispatcher
On your time return for the week ended May 29, 1969, you
claimed eight hours straight time and eight hours at the punitive
I wrote you under date of October 7, 1969 concerning claim of L.
Henderson for a days pay account working on the holiday May 26,
1969.
You acknowledged this on Oct. 8, 1969, assigned claim .#1074
to it and stated conference would be arranged.
Yours December 5, 1969 confirms my conference with Mr. Orr
on December 3, 1969.
I replied to this on December 9, 1969.
No reply has been received to date nor to my subsequent letter
of January 6, 1970.
As you know the claim was advanced on the basis of time
limit violation at local level and now appears to be in a double status.
May I have your early reply.
Yours truly,
/s/ J. Connor
General Chairman"
As no reply has been made the matter is referred to your Honorable
Board for decision.
CARRIER'S STATEMENT OF FACTS: On November 2, 1970, the
Carrier delivered the following letter to General Chairman J. Connor representing the claimant in this case:
"This refers to the above claim of Chief Engine Crew Dispatcher L. A. Henderson for a day's pay at straight time rate on
May 26, 1969 (Memorial Day), under the provisions of Decision
CL-62, the local holiday agreement.
A review of the file indicates at least one clear violation of
the time limit rule, Decision CL-51, the first contention made in
your appeal of November 7, 1969, and in subsequent letters to the
Personnel Department. A second violation subsequently occurred.
The claim will be paid."
OPINION OF BOARD:
The Record in this docket reflects a procedural
defect
under the parties' Decision CL-51 (Article V
of
the August 21, 1954
National Agreement governing time limits for handling and progressing
claims and grievances), in that the appeal timely presented to the Chief
Mechanical Officer on July 8, 1969, was denied by that Officer's successor
in letter dated September 9, 1969 and actually received by that General
Chairman on September 12, 1969, sixty-six (66) days after appeal had been
made, thereby exceeding by six (6) days the 60-day time limit proviso.
The record indicates, however, that the claim before the Board has been
allowed by the Carrier under the provisions of the time limit rule. The claim
is, therefore, moot and will be dismissed.
18636 7
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 be dismissed.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: E. A.
Killeen
Executive Secretary
Dated at Chicago, Illinois, this 16th day of July 1971.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
18636