NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number M-22291
(Gary E. Eckenrode
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation
STATEMENT OF CLAIM: This is to serve notice, as required by the rules
of the National Railroad Adjustment Board, of my
intention to file an ex parte submission on August.31, 1977 covering
an unadjusted dispute between me and the National Railroad Passenger
Corporation (Amtrak) involving the question: That any such claim or
grievance be disallowed, the supervisor shall, within sixty
(60)
days
from the date same is filed, notify whoever filed the claim or
grievance (the employee) in writing of the reasons for such
Disallowance. If not so notified, the Claim or grievance shall be
allowed as presented.
OPINION OF BOARD: At the outset in this case we are confronted by
a contention by Carrier that the claim must be
dismissed because of procedural error alleged to have been committed
by the Claimant.
The claim in this case was initially outlined in a letter
addressed to Mr. J. Duncan, Labor Relations Department. The facts of
record clearly indicate that Mr. J. Duncan was not Claimant's supervisor.
Claimant states that he presented his claim to Mr. Duncan because he had
previously discussed the situation and, "Our discussions made
?4L.
Duncan
the logical party to address these issues since he was familiar with the
aspects of the violations through these conversations." Claimant
ff
urther argues that he had given his supervisor (Mr. Dewan) a copy of
the claim letter addressed to Mr. Duncan and that should have placed
him in compliance with the provisions of Rule 25 which requires the
presentation of all claims or grievances "to the supervisor."
The supplying of an informational copy of the claim letter
to Mr. Dewan does not meet the Rule requirement that the claim "must
be presented in writing by or on behalf of the employe(s) involved to
the supervisor." It is Claimant's responsibility to be aware of the
claim filing requirements contained in the Rules Agreement.
~I
Award Number 22399 Page 2
Docket:Number MS-22291
Accordingly we hold, without reaching any other issue involved
herein, that this claim is defective and therefore barred, inasmuch as it
was not presented to the authorized Carrier officer within the time
limits provided in Rule 25. See Third Division Award Nos. 18371 and
209'7.
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;
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
i
i
That the claim is barred.
A W A R D
' Claim dismissed.
NATIONAL RAILROAD ADJUST1MIT BOARD
By Order of Third Division
ATTEST:
z9AJ,
Au~
Executive Secretary
Dated at Chicago, Illinois, this 27th day of April 1979.