Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27158
THIRD DIVISION Docket No. MW-27442
88-3-86-3-690
The Third Division consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it improperly closed the
service record of Mr. J. Taylor (System File 170-2-8513/11-960-40-57).
(2) Mr. J. Taylor shall be returned to service with seniority and
all other rights unimpaired and he shall be compensated for all wage loss
suffered."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employees involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
On May 11, 1984, Claimant, a member of the System Steel Gang on
furloughed status, was recalled to service. He was instructed to report for
duty on May 28, 1984. Because he did not report on that date or within
fifteen calendar days from the date of notification of recall, Carrier concluded that he had forfeit
Seniority), Rule 4 (Force Increases), and Appendix No. 20, Section 4. On May
29, 1984, he was sent a certified letter, return receipt requested, to that
effect. Claimant signed a receipt for the letter.
On June 13, 1985, a claim was presented on behalf of Claimant for
reinstatement to the roster and payment for time lost. When denied on the
property, it was advanced to the Board for final determination.
Form 1 Award No. 27158
Page 2 Docket No. MW-27442
88-3-86-3-690
The Board, however, is barred from a consideration of this claim
because of a major procedural defect in its filing. Rule 14(a)(1) of the
parties' Agreement requires that claims be filed within 60 days from the date
of the occurrence of the incident or event triggering the claim. The instant
claim was not filed until thirteen months after that event. Under these
circumstances, the claim must be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. De xecutive Secretary
Dated at Chicago, Illinois, this 23rd day of June 1988.