NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MS-24646
George V. Boyle, Referee
(K. T. Johnson
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "This is to serve notice, as required by the rules of
the National Railroad Adjustment Board, of my time claim.
K. T. Johnson was denied the right to operate the Log Loader in Conway Yards,
from September 4, 1979 to November 5, 1979. The time claims hours are 234
hours overtime and 27 1/2 hours doble (sic). The job was given to a junior
employee J. D. Bailey.
I believe that there was discrimination in my case, because I have 5
years EWE and machine service over J. D. Bailey, and I am qualified on the Tie
Handler and that is what a Log Loader is. J. D. Bailey is not qualified on
the Tie Handler. I am also qualified on 4 out of 5 cranes operated in Conway
Yards.
OPINION OF BOARD: Without evaluating the merits of the Claimant's assertions
relative to his qualifications, seniority or discriminatory
treatment,'the Board finds that the claim is procedurally defective.
Under Rule 5 (b) the claim must be made within nine (9) months of
the decision by the Director - Labor Relations.
Rule 5(b) is quoted as follows:
"A11 claims or grievances involved in a decision by the Director -
Labor Relations shall be barred unless within nine (9) months from
the date of said officer's decision the claim or grievance is filed
with the Third Division, National Railroad Adjustment board or an
appropriate Public Law Board." (Letter agreement of February 10,
1970 )
The Director - Labor Relations issued his decision in a letter dated
April 14, 1981. The Claimant failed to file his claim with the Board until
February 23, 1982, same 10 months and nine days later.
Numerous decisions have held that the Board is prohibited from
considering claims not timely filed and thus we find that we do not have
authority to consider the case. Accordingly the claim must be dismissed.
Award Number 24788 Page 2
- Locket Number MS-24646
FINDINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
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 is barred.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: ,
Nancy ever - Executive Secretary
Dated at Chicago, Illinois, this 30th day of April, 1984