NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-24830
Eckehard Muessig, Referee
(Brotherhood of Maintenance of Way E7nployes
PARTIES TO DISPUTE:
(Maine Central Railroad Company
STATEMENT OF CLAIM: °C1 aim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it improperly disapproved
Charles Ranquist, Jr's. and Gary Lewis, application for employment and closed
their service records.
(2) The claim as appealed by General Chairman J. J. Lattanzio on
May 26, 1981 to Manager-Labor Relations J. E. Hamilton shall be allowed as
presented because said claim was not disallowed by Manager-Labor Relations
Hamilton in accordance with Rule 45.
(3) As a consequence of either or both (1) and/or (2) above, Claimants
Charles Ranquist, Jr. and Gary Lewis shall be reinstated with seniority and
all other rights unimpaired and they shall be compensated for all wage loss
suffered
beginning September
28, 1979."
OPINION OF BOARD: The Claimants herein were notified by identical letters
that their application for employment had been rejected
and that their services for the Carrier would be severed, effective with the
close of work on September 28, 1979. Shortly thereafter, as shown in the
record before us, the parties engaged in correspondence and held meetings with
respect to application of the probationary rule in the instant case.
With respect to the advancement of a specific appeal relating to the
dismissals, the written record is void of such until well after sixty (60)
days following the occurrence on which the claims are based.
The Organization vigorously argues that it had an understanding that
the cases would be stayed pending an interpretation of the probationary rule.
However, absent evidence of record that there was an agreement to stay the
time limit requirements of the controlling Agreement, the Board must 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 Enployes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
Award Number 24795 Page 2
Docket Number MW-24830
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADTJSTMENT BOARD
By Order of Third Division
ATTEST:
Nancy ver - Executive Secretary
Dated at Chicago, Illinois, this 30th day of April, 1984