Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27318
THIRD DIVISION Docket No. MW-26778
88-3-85-3-537
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. A. Lalli on the Allegheny 'A' Machine Operator Seniority Roster (System Dock
(2) Claimant R. A. Lalli shall be listed on the Allegheny 'A'
Machine Operator Seniority Roster with seniority in Classes I and II dating
from September 19, 1977."
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 18, 1984, Claimant protested the
failure to properly list him on the Allegheny Division Machine Operator
Seniority Roster. Although similarly listed on the 1982 and 1983 rosters,
Claimant did not file protests concerning those rosters.
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 merit
A WAR D
Claim dismissed.
Form I Award No. 27318
Page 2 Docket No. MW-26778
88-3-85-3-537
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: i
Nancy J. e - Executive Secretary
Dated at Chicago, Illinois, this 30th day of August 1988.