Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27663
THIRD DIVISION Docket No. MS-26888
89-3-85-3-662
The Third Division consisted of the regular members and in
addition Referee Edwin H. Benn when award was rendered.
(J. E. Honeycutt
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM: "In the assignment of the Position of Chief Clerk, at the
Diesel Parts Store, Springfield, Mo. Did the Burlington
Northern Railroad comply with all Rules and Laws pertaining thereto?"
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.
At the relevant time, Claimant held a clerk's position at Springfield, Missouri. After Claimant
Claimant notified the Carrier on November 4, 1983 that he desired to exercise
his seniority rights to displace a junior clerk from the Chief Clerk's position at the Carrier's Spr
On December 22, 1983, Claimant filed the instant claim which was
denied by the Material Manager on January 10, 1984. On March 1, 1984,
Claimant appealed to the Director of Labor Relations, which appeal was denied
on April 30, 1984. By letter dated November 7, 1985, Claimant submitted the
claim to this Board.
Initially, we lack jurisdiction to consider the claim as presented.
It appears from the record that no conference was held on the property prior
to submitting the claim to this Board. A conference is a jurisdictional prerequisite for us to consi
Awards 26749, 23448, 23023, 22646, 22629, 22311.
Claimant's November 7, 1985, appeal to this Board was made over 18
months after the Carrier's April 30, 1984, denial of his claim. Rule 59C of
the Agreement provides that unless proceedings are instituted before this
Board within 9 months from the Carrier's April 30, 1984, denial, the claim
Form 1 Award No. 27663
Page 2 Docket No. MS-26888
89-3-85-3-662
"shall be barred." Claimant's institution of proceedings before this Board
was therefore untimely. See Fourth Division Awards 4315, 3476, 3045, 3016.
Even assuming that Claimant requested an extension of time from the Carrier as
he asserts, such a request does not change the result since there was no agreement for an extension
Moreover, we note that Claimant seeks to expand the claim in his
Submission. Claimant not only argues that the refusal to let him bump into
the Chief Clerk position was violative of the Agreement, but Claimant apparently also attacks the in
that new material and arguments or amendments to the claim cannot be added
after the claim is submitted to this Board. But again, even assuming that the
initial filling of the position can be considered properly part of the claim
before us, since that position was filled at a time more than 60 days prior to
the filing of the claim (indeed, according to the Carrier, several years prior
to the filing of the claim), such a protest is also untimely under Rule 59A
("All claims or grievances must be presented in writing
...
within 60 days
from the date of the occurrence on which the claim or grievance is based.").
However, notwithstanding the severe jurisdictional infirmities, even
assuming we could consider the merits of the dispute, we would deny the claim.
The Diesel Parts Store Chief Clerk position that Claimant sought to displace
into was designated by the parties in the Agreement as a "PE" position. Appendix 0, Section 4 of the
"Those identified as 'PE' will be partially exempt
from the Agreement and subject to all rules except
those covering promotion, assignment, and displacement."
Thus, the position into which Claimant sought to displace the junior clerk was
not subject to displacement.
Finally, Claimant's allegations of violations of federal law are not
properly before this Board. We have no authority to interpret the statutes
cited by Claimant.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy Jr - Executive Secretary
Dated at Chicago, Illinois, this 17th day of January 1989.