NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number CL-22484
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Chicago. Milwaukee, St. Paul and Pacific
( Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8537) that:
1) Carrier violated the Clerks' Rules Agreement at Galewood,
Illinois on July 27, 1976 and continues to violate the agreement when
it failed and/or refused to assign employe R. D. Ray, senior applicant,
to Per Diem Clerk Position No. 02220.
2) Carrier shall now be required to assign employe R. D. Ray
to Per Diem Clerk Position No. 02220.
3) Carrier shall further be required to compensate employe
R. D. Ray an additional eight (8) hours at the pro rata rate of Per
Diem Clerk Position No. 02220 for July 27, 28, 29, 30, August 2, 3, 4,
5, 1976 and for all subsequent workdays thereafter until the violation
is corrected.
OPINION OF
BOARD: Claimaat bid on a temporary vacancy, bulletined on
July 6, 1976. On July 14, 1976, the carrier issued
a bulletin awarding the vacancy to an employe who was junior in seniority
to the Claimant.
Management received a letter from Mr. Ray, dated August 3,
1976, requesting an investigation under Rule 22(f). That rule reads in
pertinent part:
"An employee, irrespective of period employed,
who considers himself unjustly treated*
shall have the right of investigation and
appeal* * * * * * * *provided written request,
which sets forth employee's complaint, is made
to the immediate superior officer within fifteen
(15) days from cause of complaint."
Award Number 22669 page 2
Docket Number CL-22484
The request for an investigation was denied by the Carrier
since the request was :lot filed in a timely fashion according to the
rule.
The organization concurs in this decision but claims that
Mr. Ray wrote a similar letter on July 17, which was timely. That
letter was not received by the Carrier. As evidence, the organization
submits a handwritten note which they claim is a copy of the letter.
Absent any other information, such an exhibit constitutes a selfservi.ng document and can hardly be
record does contain a letter, received by the Carrier, dated July 17,
in which the Claimant requests information regarding the reasons his
bid was not honored. However, there is no request for an investigation.
In fact, it would appear that the request for a Rule 22(f) investigation
was prompted by the Carrier's reply.
On the basis of the entire record, this Board finds that the
rule was not complied with in a timely fashion.
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
That the claim be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 14th day of December 1979.
