NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-21675
Robert W. Smedley, Referee
(H. G. Skidmore
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
( (Former Penn Central Transportation Company)
STATEMENT OF CLAIM: I claim, for identification purposes only,
that the rights, rules, privileges and fringe
benefits of my employment by and thru certain acts and actions of the
Penn Central Transportation Company, the Penn Central Company and or
others during the handling and otherwise of my complaints related to:
1. reimbursement for time,travel time and expenses to
attend hearings, and
2. restoration of my full pass rights and privileges
on the Hudson and Harlem Divisions,
OPINION OF BOARD: The claims submitted to the Third Division in this
case involve reimbursement for time and travel
expenses which Claimant incurred while handling earlier cases before this
Division, Awards 19454 and 19524, plus a dispute for restoration of pass
privileges on the Hudson and Harlem Divisions, on the former New York
Central Railroad.
These claims were handled with the Director-Labor Relations
and denied by letters dated February 5 and 6, 1973. The notice to the
Board was dated December 30, 1975, or approximately thirty-five months
later. Rule 7-B-1 of the applicable agreement requires that claims and
grievances shall be barred unless filed within one year from the date of
the highest officer's decision. It is clear from the foregoing that the
said claims were not handled in compliance with the rule of the
collectively bargained agreement and must be dismissed.
FINDINGS: The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing there
on, and upon the whole record and all the evidence, finds andholds:
I
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
Award Number 21727 Page 2
Docket Number MS-21675
The Agreement was not violated.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 29th day of September 1977.
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OCT 2 7 1977
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