Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27315
THIRD DIVISION Docket No. MW-26773
88-3-85-3-531
The Third Division consisted of the regular members and in
addition Referee Edwin H. Benn when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier failed and refused
to properly list Mr. R. L. Kadri on the Youngstown Division Lubricator
Maintainer Seniority Roster (System Docket CR-859).
(2) Claimant R. L. Kadri shall be listed immediately ahead of Mr. T.
A. Houser on the Youngstown Division Lubricator Maintainer Seniority Roster
with a seniority date of May 17, 1982."
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 employes 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 were given due notice of hearing thereon.
By written protest dated March 1, 1984, Claimant asserted that he
should be listed as number 4 on the Lubricator Maintainer Seniority Roster
instead of T. A. Houser. The 1983 roster was posted without protest by
Claimant and contained Houser's name in the same position.
Claimant's protest is untimely. The 90 day filing requirement for
seniority roster protests specified in Rule 4, Section 6(b) precludes our
consideration of the merits of the Claim. See Third Division Award 27313.
A W A R D
Claim dismissed.
Form 1 Award No. 27315
Page 2 Docket No. MW-26773
88-3-85-3-531
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. D - Executive Secretary
Dated at Chicago, Illinois, this 30th day of August 1988.