Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27787
THIRD DIVISION Docket No. MS-28350
89-3-88-3-87
The Third Division consisted of the regular members and in
addition Referee Paul C. Carter when award was rendered.
(Charles J. Chotkowski
PARTIES TO DISPUTE:
(Soo Line Railroad Company
STATEMENT OF
CLAIM:
"Claim of Charles J. Chotkowaki for a lump sum separation payment
equivalent to 360 times the daily rate of the position to which assigned,
account his position of Operator at Shoreham was abolished on August 8, 1986."
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.
The record shows that Claimant was formerly employed by the Carrier
as a Train Order Operator at Carrier's Shoreham Yard in Minneapolis, Minnesota. Claimant's position
1986, he presented a Claim to the Carrier's Manager-Twin City Agency for a
lump sum separation allowance equivalent to 360 times the daily rate of the
position that was abolished on August 8, 1986. In the Claim he stated:
"My claim is made under the provisions of the
implementing agreement for direct control of train
movements, effective July 1, 1985. The abolishment
of my position was related to the implementation of
direct control on lines extending from Shoreham."
The Claim was denied by the Manager-Twin City Agency on November 19,
1986.
On May 15, 1987, Claimant appealed his Claim to the Vice President
Labor Relations 6 Personnel. In his appeal to the Vice President, Claimant
Form 1 Award No. 27787
Page 2 Docket No. MS-28350
89-3-88-3-87
contended that he had appealed his Claim to the Division Superintendent, on
January 17, 1987; that his appeal had never been denied; and that the Claim
was payable under the Time Limit Rule. On June 3, 1987, the Carrier's Vice
President, Labor Relations S Personnel, responded to Claimant:
"Upon inquiry into this matter, we have been advised that Mr. D. H. Nelson has no record of ever
receiving a request for a separation allowance from
you and this office does not consider your request
for separation to be a claim."
On March 3, 1988, the Vice President Labor Relations S Personnel
wrote Claimant confirming a telephone conference with Claimant on February 29,
1988, in which the Carrier reiterated its position that the alleged appeal
letter by Claimant dated January 17, 1987, was not received by the Division
Superintendent and that the Implementing Agreement to consolidate Shoreham and
St. Paul Yard contained no provision for separation allowances.
The record shows that on November 14, 1986, Claimant resigned from
the service of the Carrier.
In his Submission to this Board the Claimant insists that the Claim
be allowed as presented because the alleged appeal of January 17, 1987, was
not denied within sixty days. The Carrier reiterates its position that it has
no record of receiving a request or appeal letter from Claimant.
Numerous Awards of this Board have held that where the addressee
denies receipt of a Claim or a denial within sixty days, it is then the responsibility of the addres
time limit. (Third Division Awards 11505, 25417 and others cited therein,
Fourth Division Award 3760). The Claimant has not proved receipt of the
letter of January 17, 1987, by the Carrier. Therefore, we must find that the
Claimant did not timely process the Claim. The Claim could properly be dismissed by the Board. Howev
denied because the Claimant's job abolishment was unrelated to the implementation of train control m
with the Milwaukee Road and did not trigger seperation allowances.
A W A R D
Claim denied.
Form 1 Award No. 27787
Page 3 Docket No. MS-28350
89-3-88-3-87
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 29th day of March 1989.