NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20492
Robert A. Franden, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Long Island Rail Road Company
STATEMENT OF CLAL`S: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Long Island Rail Road:
Appeal from the discipline imposed on Mr. J. R. Kearney as a
result of a trial on May 2, 1972.
OPINION OF BOARD: This is a discipline case. A procedural issue has
been raised in that the Carrier has alleged that the
appeal from the notice of discipline was not filed within the ten day time
limit required by Rule 60.
The record is clear that the Claimant failed to appeal within
the time limit requirement of 60(a):
Rule 60(a)
"(a) An employe may appeal from discipline imposed
on him if he does so in writing to the Engineer Maintenance
of Way within ten days from the date he received notice of
the imposition of such discipline, and if he so appeals he
shall be given a hearing. When an appeal from discipline
is made to the Engineer Maintenance of Way, this appeal
shall act as a stay of application of discipline in all
cases except where the discipline has been dismissal. If
the original discipline imposed is upheld upon appeal, in
whole or in part, the discipline will then be placed in
effect and appeals to higher officers shall not act as
a stay."
A discussion of Rule 59 which was raised by the Claimant is not
warranted in that said rule deals with investigation procedure. We are
here concerned with the proper procedure to be followed on appeal.
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Award Number 20728 Page 2
Docket Number SG-20492
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
The the claim is barred.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
' ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 30th day of May 1975.
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