NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-24119
I. M. Lieberman, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9424)
that:
(a) The Carrier violated terms of the Clerks' Agreement March 28, 1977 when
they called Mr. Walter Mirasky back to the C&O on position A-106 CorrectionAdjustment Clerk, thu
to April 25, 1977, when she was recalled to position A-45 Microfilm Clerk.
(b) M's Peggy Shuey should now be compensated for any and all wages
lost due to this violation of the Clerks' Agreement from April 15, 1977 through
April 24, 1977 which is also in violation of Rule 26(b) and others of BRAC
Agreement Rules.
OPINION OF BOARD: As an initial matter Carrier avers that the claim herein was not
timely, and should be dismissed. The facts with respect
to that
contention are
that the claim herein was filed on July 12, 1977 contending
that Carrier violated the Agreement causing Claimant to be cut off on March 28, 1977.
Rule 27-1/2 of the Agreement provides that all claims must be submitted
within 60 days from the occurrence upon which the claim is based. It is self-evident
that the claim in this matter was filed long after the time period specified in
Rule 27-1/2 and for that reason may not be considered. We cannot reach the merits.
The claim will be dismissed.
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;
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
r
ATTEST
Nanc ,T`fDever - Executive Secretary
Dated at Chicago, Illinois, this 30th day of July 1984.