NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-25009
I. M. Lieberman, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Northeast Illinois Regional Commuter Railroad Corporation
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9751) that:
1. Carrier violated schedule rules, particularly Rule 51, when it
failed to disallow claim in behalf of Mr. Denton Fuller within sixty (60) days
from the date same was filed, and
2. Carrier shall now be required to compensate Claimant eight (8)
hours at the pro rata rate on each date of April 4, 5 and 6, 1981.
OPINION OF BOARD: The dispute herein is based solely on an alleged time limits
violation by Carrier. The sequence of events took place during
the transition between the operation of this Carrier by the Chicago, Rock Island
6 Pacific Railroad Company and the ultimate operation by the Northeast Illinois
Regional Commuter Railroad Corporation. During the period in question the commuter
line was operated on an Agency basis by the Chicago and North Western Transportation
Company. The NIRCRC assumed management of the property effective June 1, 1981.
The facts in this matter are that Claimant herein was furloughed by the
Chicago and North Western Railroad. He was not utilized to fill certain vacancies
on April 4, 5 and 6,
1981.
Further, the record indicates that Claimant did not
file his address with Carrier in conformity with Rule 25. Two Claims were filed
on April 6,
1981;
one by Claimant with his Supervisor, Mr. Rickerson, and one by
the Local Chairman of the Organization on Claimant's behalf with the Director of
Suburban Operations, Mr. Pochron. Mr. Rickerson responded to the Claim declining
it by letter dated June 2,
1981,
with a copy to the Local Chairman. Mr. Pochron
also declined the Claim he had received (to both Claimant and his Local Chairman)
by letter dated June
19, 1981.
Organization takes exception to the tardiness of .
Mr. Pochron's letter, as being beyond the sixty-day period provided for in the
Rules.
It is clear that Carrier has the sole right to designate the official
to receive Claims and as of June 2,
1981,
Mr. Rickerson was that offici2l. Mr.
Pochron was named to that role by Carrier in September of
1981.
Based on this
fact it is apparent that the Claim properly addressed to Mr. Rickerson was
declined well within the time limits. Thus the Claim must be denied.
Award Number 25323 Page 2
Locket Number CL-25009
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, 1939;
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 ADJUSTMENT BOARD
By Order of Third Division'
Attest:
Nancy J. Wer - Executive Secretary
Dated at Chicago, Illinois, this 15th day of March 1985.