NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-19508
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St. Paul and Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6998)
that:
1) Carrier violated and continues to violate the Clerks' Agreement at
Fuller ton Avenue Office Building, Chicago, Illinois when it failed and refused
to assign the senior applicant to Assistant Bureau Head Position No, 46220.
2) Carrier shall be required to assign employe F, Herner to Assistant
Bureau Head Position No. 46220.
3) Carrier shall now be required to compensate employe F. Herner the
difference in the rate of pay between the Assistant Bureau Head Position No, 46220
and that of the position to which assigned for each day retroactive to December 12,
1969 and for ail subsequent days until the violation is corrected.
OPINION OF BOARD; The Organization contends that the Carrier violated the
Agreement when it failed and refused to assign the Claimant
to Assistant Bureau Head Position 4k46220 on December 12, 1969.
It is clear from the record that the claim for compensation was not
timely filed by the Organization as it was filed sixty-one days after December
12, 1969, and was filed with the wrong officer of the Carrier.
This Board has held in the past that claims that are filed late or
claims that are filed with the wrong officer of the Carrier are not procedurally
correct and must be dismissed.
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;
Award Number 19663 Page 2
Docket Number CL-19508
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the claim be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
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Executive Secretary
Dated at Chicago, Illinois, this 23rd day of March 1973.
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