Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27641
THIRD DIVISION Docket No. SG-27433
88-3-86-3-682
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Consolidated Rail Corporation (Conrail):
On behalf of J. D. Baird for 7 hours at the Assistant Inspector rate
of pay for the following days March 8, 11, 12, 13, 14, 15, 18, 19, 20, 21, 22
and 25, 1985, account of Carrier violated the current Signalmen's Agreement,
particularly, APPENDIX 'P,' paragraphs 8 and 10, when it filled the Trouble
Desk position with non-seniority district No. 15 employees." Carrier file
SD-2240
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 waived right of appearance at hearing thereon.
This Claim concerns work allegedly performed on the Trouble Desk
position, regularly assigned to Seniority District No. 15 employees, by
employees from another seniority district. There is, however, a procedural
consideration which precludes the Board from reviewing the dispute on its
merits.
The Claim was initiated on April 23, 1985, and denied in timely fashion by the Supervisor on Jun
also within the time limits.
On September 22, 1985, the Local Chairman requested a "conference" in
the matter with the Manager, Labor Relations, a step not required in the
Claims handling process. This was granted, and on October 22, 1986, the
Form 1 Award No. 27641
page 2 Docket No. SG-27433
88-3-86-3-682
Manager-Labor Relations wrote, in relation to this and other claims, "since
our position remains the same, our original denials will stand for the same
reasons as contained therein."
The matter was then referred to the Senior Director-Labor Relations
on November 22, 1985. The Senior Director-Labor Relations replied on January
16, 1986, denying the Claim but also stating that his reply was "without
waiving our position relative to any technical aspect."
It is the Carrier's position that the Claim was not progressed properly under the provisions of
follows:
"(c) A grievance or claim denied in accordance with
paragraph (b) shall be considered closed unless it is
listed with the Senior Director-Labor Relations by the
employee or his union representative within sixty (60)
days after the date it was denied. A grievance or claim
will be discussed on a mutually agreed upon date . . . .
The Carrier notes that it was more than 60 days from September 6,
1985, when the Claim was denied at the step below, to November 22, 1985, when
it was appealed to the Senior Director-Labor Relations. There is no record of
any request by the Organization for extension of time, nor is there any basis
to determine that the intervening conference with the Manager-Labor Relations
tolled the 60-day period.
The Organization argues that the time limit argument must be disregarded, since, in its view, it
on the other hand, asserts that such was discussed at the meeting with the
Senior Director-Labor Relations. The- Board cannot resolve, of course, whether
such discussion occurred. The Carrier's written response thereafter does,
however, refer to the non-waiver of "any technical aspect", and it is at least
arguably the case that this referred to the tardy appeal.
The Board must reach a conclusion similar to that in Third Division
Award 27640, involving the same parties, where non-compliance with time limits
dictated a sustaining award. In this instance, the parties have agreed that a
Claim "shall be considered closed" in the event it is not appealed in timely
fashion. The Board is without authority to ignore this clear direction.
A W A R D
Claim dismissed.
Form 1 Award No. 27641
Page 3 Docket No. SG-27433
88-3-86-3-682
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 16th day of December 1988.