NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-20449
(System Board of Adjustment No. 218
(Brotherhood of Railway, Airline & Steamship Clerks
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
( (Lake Region)
STATEMENT OF CLAIM: Claim of the System Board of Adjustment No. 218 (GL
7383) on the Lake Region, (former NKP), Norfolk and
Western Railway Company, that:
1. Carrier failed to comply with Article V, Section 1(a) of
the August 21, 1954 Agreement in handling claim filed by and on behalf
of H. G. Prinz, Clerk, Calumet Yard - Chicago Terminal - Chicago, Illinois.
2. The claim of Clerk H. G. Prinz be allowed as presented, i.e.;
"8 hours at punitive rate for April 1, 1972, and for each and every day
thereafter until claim has been satisfied."
OPINION OF BOARD: There is no dispute concerning the basic facts involved
in this claim. Claimant filed a claim that was not denied
within sixty (60) days as required by the Parties' time limits rule, Article
V, Section l(a) of the August 21, 1954 Agreement. On the Record, Carrier ad
mits that Claimant was not notified that his claim was disallowed until June
21, 1972, seventy-one (71) days after the date on which it was filed, but
argues that the delay resulted from a typographical error. Carrier's posi
tion is that such typographical errors are not valid basis for payment under
the provisions of Article V of the August 21, 1954 Agreement.
The Board has held many times that the time limit requirements of
the August 21, 1954 Agreement are mandatory and that failure to timely disallow a claim requires tha
(La Driere), 10138 (Daly), 10500 (Hall), 12233 (Engelstein), 12472 (Kane),
14759 (Ritter), 16564 (Dorsey), 19361 (Devine), 19946 (Blackwell), and
20410 (Edgett).
We will sustain the claim. However, in accordance with National
Disputes Committee Decision No. 16, dated March 17, 1963, Carrier's denial
letter dated June 21, 1972 stopped Carrier's liability arising out of its
failure to comply with Article V of the August 21, 1954 Agreement as of
that date.
Award Number 20520 Page 2
Docket Number CL-20449
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 Carrier violated the time limits provisions of the
Agreement.
A W A R D
Claim sustained for eight (8) hours at the punitive rate for each
day in the period April 1, 1972 to June 21, 1972, inclusive.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 8th day of November 1974.