NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-17316
Robert M. O'Brien, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
(Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF CLAIM:. Claim of the System Cormittee of the Brotherhood (GL-6333)
that:
(a) Carrier violated the clerical Agreement at Hickory, North
Carolina, beginning August 30, 1965, when it allowed or required eight hours
clerical work each date to be performed by Yard Conductors, Operators and
Truckers at that location.
(b) Carrier shall be required to compensate Mr. J. A. Ervin, Jr.,
eight (8) hours' pay each date at the pro rata rate, beginning August 30,
1965, and continuing until a clerical position was properly advertised at
Hickory, North Carolina, on February 14, 1966.
OPINION OF BOARD: On April 1, 1965, a clerical position at Hickory, N.C., was
abolished. The work performed by the incumbent of this
position was subsequently performed by Yard Cinductors, Operators and Truckers
at Hickory, which the Organization contends. violated the Agreement Rules in
effect on this property, particularly Rules 1, 2, 3, and 20.
The Carrier initially raised a procedural objection to the claim,
contending that the claim was not presented to the Carrier's authorized officer
until October 27, 1965, although the occurrence which gave rise to the claim
allegedly occurred on April 1, 1965. Carrier's position is that the claim is
barred under Article V, Section 1(a) of the August 21, 1954 Agreement, requiring claims to be presen
The Organization contends that the alleged violation is a continuing
one and not subject to the provisions of Article V, Section 1(a).
Referee Ives, in Award 14450, clearly defined the distinction between
a continuing and non-continuing claim when he stated therein:
"Recent awards of this Board have held that the essential
distinction between a continuing claim and a non-continuing claim is whether the alleged violation i
is repeated on more than one occasion or is a separate
and definitive action which occurs on a particular date."
Award Number 19341 Page 2
Docket Number CL-17316
In the case at bar, the action complained of was the abolishment
of the clerical position at Hickory, N. C. and the subsequent transfer of
the clerical work at Hickory to Yard Conductors, Operators and Truckers. It
is undisputed that said abolishment and subsequent transfer of work occurred
on or about April 1, 1965. Therefore, we are of the opinion that the Time
Limit Rule is applicable as the claim was not filed within 60 days after the
date of the occurrence upon which it is based.
Consequently, it is unnecessary to consider the merits of the claim
since the claim must be dismissed for failure to comply with Section 1(a) of
the August 21, 1954 Agreement.
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;
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the Claim is barred.
A WAR D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 14th day of July 1972.
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