NATIONAL RAILROAD ADJUS'IMENT BOARD
THIRD DIVISION Docket Number CJ.-23371
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station 5nployes
PARTIES TO DISPUTE:
(Chicago., Milwaukee, St. Paul and Pacific Railroad Company
STAT124ENT OF CLAIM: Claim of the Committee of the Brotherhood (GL-8983) that:
1. Carrier violated, and continues to violate the Clerks' Rules
Agreement at Milwaukee, Wisconsin when it arbitrarily disqualified employs
P. M. Riglcy on Morse Printer Operator Position No. 7333·
2. Carrier further violated the Agreement when it refused to grant
employs Bigley an investigation as per his request in line with the provisions
of Rule 22 (f).
Carrier shall now be required to recognize employs Bigley's
seniority and promotional rights, by assigning him to Position No. 73330
and compensating him for an additional day's pay at the appropriate rate for
each workday he is denied his contractual rights to that position commencing
May
8,
197.
4. Carrier shall further be required to pay interest in the .unount
of seven and one-half (72)peroeat per annum on all wage lose sustained us set
forth user Item 3 above until the violation is corrected.
OPINION OF BOARD: The pertinent Agreement provides that an employs who con
siders himself unjustly treated has certain rights to an in
vestigation and appeal if written request is made within 15 days from the cause
of the complaint.
We have reviewed the record at length, and we are of the view that
the unjust treatment .request was not made within the contractually provided
time period, and accordingly we will deny the claim.
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 Flnployes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
Award Number
2351-9
Page 2
Docket Number
M-23371
That this Division of the Adjustment Board has Jurisdiction over
the dispute
involved herein; and
That the Agreement was not violated.
Claim denied.
NATIONAL
RABID ilirli' Bf)i4RD
By Order of Thirst DIvislon
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Executive Rely
Valed at Qtitaga., Illinota, this
29th
day pp January 19E'12:.
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