BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP

CLERKS, FREIGHT HANDLERS, EXPRESS AND

STATION EMPLOYES

LEHIGH VALLEY RAILROAD COMPANY

STATEMENT Oh' CLATM_ Claim of the System Committee of the Brotherhood (GL-6860) that:

(a) Carrier violated the Clerks' Rules Agreement at Superintendent's Office at Buffalo, New York, when it reestablished and/or restored position of File Clerk at a lower rate than the established rate.

(b) Carrier shall now be required to pay Mrs. M. J. Henshaw difference in rate of pay she received of ($494.79) per month and ($560.74) per -month which is the proper and established rate of this position.

(e) This difference in rate of pay is for the period May 13, 1968, up to and including March 28, 1969, when this position was abolished. (Carrier has paid Mrs. M. J. Henshaw the difference in rate of pay for period January 22, 1968 up to and including May 10, 1968.)

EMPLOYES' STATEMENT OF FACTS: There is an Agreement as revised May 1, 1955, and subsequent thereto, referred to as the Agreement between the parties, the Lehigh Valley Railroad Company and the Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employes, which Agreement is on file with the Board and by reference thereto is made a part of this statement of facts.

The following Employe Exhibits are also, by reference, made a part of this Statement of Facts.

EMPLOYES EXHIBIT NO. 1-Letter dated February 12, 1968, from Mr. A. Me. Kenzie, Local Chairman to Mr. John Me. Neill, Trainxnaster, submitting claim for Mrs. M. d. Henshaw.

EMPLOYES EXHIBIT NO. 2-Letter dated February 15, 1968, from Mr. A. w. Campbell, Superintendent to Mr. A. Me. Kenzie, Local Chairman, answering and denying claim submitted by Mr. Me. Kenzie, Local Chairman to Mx. Me. Neill, Txainmastex.

day was assigned some file work, opening and closing mail, and making copies of reports on a copying machine.

None of the aforementioned duties are such that require a higher rate of pay.

(Exhibits not reproduced.)

OPINION OF BOARD. In dais ease the Organization did not comply with the provisions of Rule 33 (adopted from the National Agreement of August 21, 1950 in that the employes failed to progress the controversy to the

Board within nine months from the date of the decision of the Carrier's highest designated officer to handle claims or grievances. The letter of notice of intention to file ·,:x partc submission from the Organization bears a date fourteen months later than the date of denial by Carrier's highest designated officer.

Since the Organization did not meet the requirements of the time limit rule nor prove that the ~Cox7vier waived the application of such rule we conclude that the claim is out of time and must be dismissed.

FINDINGS. The Third Division of the Adjustn:er_t hoard, 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 arc respectively Carrier and Employer 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 Agreement was not violated.

AWARD