NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-22589
William M. Edgett, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
The claim presented on November 15, 1976 to Manager/Engineering
W. E. Webster, Jr. by Assistant Foreman Richard Kimmel, Trackman Gary L. Hull
and Trackman Leonard T. Rhodes shall be allowed as thereby presented because
Manager/Engineering W. E. Webster, Jr. failed to disallow the claim within ,
sixty days of date of presentation. (System File CUM-662/2-M3-1793)"
OPINION OF BOARD: A timely claim was filed. Carrier mailed a timely
letter of denial, by first class mail as was the parties'
practice, but it was not received by the Claimants. The claim has been
placed before the Board on procedural questions only. The Organization
takes the position that it mist be allowed because Carrier did not respond
within the time limits. Carrier takes the position that the claim must be
dismissed because the Organization did not make a timely appeal. The Board
met a similar situation with the following observation in Second Division
Award No. 3541:
"This presumption being that both parties are telling the
truth, we find that carrier gave timely notices of disallowance of claim as required by the Time Lim
that the local chairman failed to receive them, so neither
is in default under the rule."
Here the Board will dismiss the claim since neither party has shown
a right to a sustaining award on procedural grounds.
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; __
Award Number 22903 Page 2
Docket Number MEd-22589
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the claim should 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 27th day of June 1980.