Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27316
THIRD DIVISION Docket No. MW-26774
88-3-85-3-532
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. N. C. Worgen, Jr. on the Allegheny 'B' Trackman Seniority
Roster (System Docket CR-924).
(2) Claimant N. C. Worgen, Jr. shall be listed on the Allegheny 'B'
Trackman Seniority Roster with a seniority date of May 3, 1976."
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 22, 1984, Claimant protested the
Carrier's failure to list him on the 1984 Trackman's Seniority Roster. No
written protest was filed over the similar omission from the 1982 and 1983
lists.
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. 27316
Page 9 Docket No. MW-26774
88-3-85-3-532
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: ..
Nancy J. v -Executive Secretary
Dated at Chicago, Illinois, this 30th day of August 1988.