NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number
MS-22586
(V. H. Redden and A. F. Henninger
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( (Pacific Lines)
STATEMENT OF CLAIM: "Claim of V. H. Hedden, and A. F. Henainger, members
of the Brotherhood of Railway, Airline and Steamship
Clerks, Freight Handlers, Express and Station Employes That:
(a) The Carrier Violated the rules agreement, effective
September
15, 1971,
particularly Rule
24,
(d), and Article III, Section
2
(a) of the Agreement of September
16, 1971.,
etc.
(b) That Claimants V. H. Hedden, should be allowed Eight
(8)
hours paid for but not worked each date commencing September
23, 24p 25,
26, 27, 30,
October 2,
3,
and
4, 1974,
and continuing thereafter until
violations cease.
(c) That Claimant A. F. Henninger, should be allowed Eight
(8)
hours paid for but not worked each date commencing December
16, 17, 18, 19,
20, 23, 24,
26, 27,
30, and 31,
1974,
and continuing thereafter until
violations cease."
OPINION OF BOARD: This Board has to overcome a threshold defense raised
by the Carrier before we can consider the merits of
Petitioner's claim. Carrier argues that this claim must be dismissed
because it was not timely filed in accordance with Rule
24
of the parties'
agreement. We have searched the entire record and conclude that the
Carrier's position is sound. Rule
24
provides that all claims and
grievances are to be instituted within sixty
(60)
days "from the date of
the occurrance on which the claim . . . is based." Our reading of the
record develops that the claim was filed approximately two
(2)
years
from the date of the alleged occurrance. We have no alternative but to
dismiss the claim.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
Award Number 22507 Page 2
Docket Number MS-22586
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 ?1,
1934;
That this Division of the Adjustment Hoard has jurisdiction
over the dispute involved herein; and
That the claim be dismissed.
A
w
A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTtMT HOARD
By Order of Third Division
ATTEST: lA. i
-$ecutive Secretary
Dated at Chicago, Illinois, this 17th day of September 1979.