NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21274
Irwin M. Lieberman, Referee
Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Houston Belt & Terminal Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood, GL7923, that:
1. Carrier violated the Clerks' Agreement when Carrier officers
failed to render decision within the sixty (60) day time limit prescribed
by Rule 28.
2. The Carrier shall be required to compensate claimants as fol
lows: (a) F.D. Rivers for eight (8) hours at the punitive rate of Chief
Yard Clerk 559, or $66.57 per day, each day July 14, 16, 17, 18, 21, 22, 23,
24, 25, 28, 31; August 1 and 2, 1974.
(b) C. J. Butaud, eight (8) hours at the pro rata rate of Route
Clerk, or $42.60 per day, each day July 12 and 14, 1974.
(c) E. P. Teague, eight (8) hours at the punitive rate of Counterman, or $56.72 per day, July 4,
(d) Judy A. Hodges, eight (8) hours at the pro rata rate of Keypunch Operator, or $41.9.7 per da
(e) John G. Lusk, eight (8) hours at the pro rata rate of PICL
Clerk, or $43.51 per day, July 10, 1974.
OPINION OF BOARD: This issue in this dispute is whether or not the time
limit provisions of the Agreement were complied with.
Rule 28 provides in pertinent part:
"1. All claims or grievances must be presented in writing
by or on behalf of the employe involved, to the officer of
the Carrier authorized to receive same, within 60 days from
the date of the occurrence on which the claim or grievance
is based. Should any such claim or grievance be disallowed,
the carrier shall, within 60 days from the date same is
filed, notify whoever filed the claim or grievance (the employe or his representative) in writing
such disallowance. If not so notified, the claim or grievance shall be allowed as presented; but thi
considered as a precedent or waiver of the contentions of
the Carrier as to other similar claims or grievances."
Award Number 21088 Page 2
Docket Number CL-21274
With respect to Claimants Rivers, Butaud, Teague and Lusk there is no
evidence of delivery or receipt of denials of the claims. No letters or
copies of letters of denial were furnished to Petitioner during the handling on the property and no
was furnished during the handling on the property. All Claimants deny
ever having received declinations of their claims. Carrier maintains that
denials were timely sent through its internal mail system, as was customary.
With respect to Judy Hodges' claim, Carrier has taken the consistent position that no claim was ever
statement, Petitioner has furnished no evidence that this claim was indeed
filed. A copy of the alleged claim was appended to correspondence by Petitioner (letter dated Octobe
In a closely related dispute, Award 15517, involving the same parties, we held that it was Carrier's
Based on the circumstances herein, and the language of Rule 28,
Carrier is required to allow the claims of Rivers,
Teague, Butaud
and Lusk
as presented, without consideration of the merits. The claim of Hodges will
be denied for lack of proof of its filing.
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 Employee involved in this dispute are
respectively Carrier
and Employee 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 violated.
A W A R D
Claims 1, 2 (a), (b),(c) and (e) sustained; Claim 2(d) denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Sec etary
Dated at Chicago, Illinois, this 28th day of May 1976.