NATIONAL RAIIROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-24310
Joseph A, Sickles, Referee
PARTIES TO DISPUTE :
(Atchison* Topeka and Santa Fe Railway Company
STATEMENT OF CIAtci: "this is to serve notice, as required by the rules of the
National Railroad Adjustment Board, of my intention to file
ex parts submission on September 26, 1981 covering an unadjusted dispute between
me and the Santa Fe Railway Company involving the question: Claim of J. H.
Johnson, RCAO, Ins Angeles, Account Wrongfully Assessed Thirty Demerits as a
Result of Formal Investigation Held November 21, 1979."
OPINION OF BOARD: The controlling Agreement contains a "time limits on claims
and grievances" rule sad that rule (47-A(3)) states that
claims or grievances involved is a decision by the highest designated officer
shall be barred unless within nine (9) months from the date of said Officer's
decision, proceedings are instituted by the Employee or his duly authorized
Representative before the appropriate Division o£ the National Railroad Adjustment
Board, etc. The final declination was issued on June 11, 1980 sad although
certain time extensions were agreed to by the Carrier the last pertinent time
period expired on July 9, 1981. A letter was not forwarded to the National
Railroad Adjustment Board until August 31, 1981.
This Board has held consiatautly - for many years - that it is not
incumbent upon us to substitute our judgment for that of the parties when they
negotiated the Agreement. Rather, we are required to apply the written contractual
language. In this case, the record is clear that the matter was sot submitted to
this Board within the contractually required time period and thus we do not have
Jurisdiction to consider the merits of the case.
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 Employee iadolved is this dispute are
respectively Carrier and Employee 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 is barred.
Award Number 24142 Page 2
Docket Number MS-24310
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUST BOARD
By Order of Third Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
BY
Rosemarie Branch - Administrative Assistant
Dated at Chicago, Illinois, this 2Tth day of January 1983.
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