NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-26278
Martin F. Scheinman, Referee
(George Kolonits
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation
STATEMENT OF CLAIM:
"Severance Pay to stewards per the Agreement of July 25th 1983 signed
by the UTU and Amtrak."
OPINION OF BOARD: By letter dated January 20, 1984, Claimant contended that
he had been improperly denied separation allowance when he
retired from service in August, 1983. Carrier rejected this Claim, arguing
that it was not properly filed in accordance with the Railway Labor Act, and
the applicable Agreement.
After reviewing the record evidence, the Board must deny the Claim on
procedural grounds alone. It is well settled that Claims must be filed in a
timely manner in accordance with the relevant Agreement and the Act. Here,
Carrier first learned of the Claim in January, 1984, far more than sixty days
after his resignation. Rule 17 of the Agreement is clear and unambiguous. It
requires that Claims be filed within sixty days of the date Claimant was aggrieved. When Claimant re
separation allowance. Thus, he was clearly aggrieved at that time. Accordingly, a Claim filed
this reason, the Claim must be rejected.
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 was barred.
Award Number 26350 Page 2
Docket Number MS-26278
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
110~
/r
Nancy J. Dever - Executive Secretary
Dated at Chicago, Illinois, this 8th day of June 1987.