NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MS-25456
Eckehard Muessig, Referee
(Joseph E. Kelleher
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
The total wage of $2,344.24 should be paid to Joseph E. Kelleher for
unlawful layoff from the period of August 25, 1980 to October 5, 1980 inclusive.
OPINION OF BOARD: The significant events leading to this claim began on November
3, 1980 when the Claimant alleged that he had been improperly
furloughed for a period of six weeks. He claims $2,344.24 is due him for this
period. The Carrier denied the claim on November 17, 1980. Approximately
sixteen months later, during a period when the Claimant had resigned from the
service of the Carrier, a number of letters progressing this dispute were exchanged
between the parties, culminating in a claim to this Division for the monies
stated above.
This Board finds that the claim was not timely appealed on the property
in accordance with Rule 16 of the controlling Agreement. Under the circumstances
here, the claim was closed when it was not progressed in one form or other
within 60 days after the initial denial on the property.
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 WAR D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Nancy J. ve -Executive Secretary
Dated at Chicago, Illinois, this 15th day of March 1985.