Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28049
THIRD DIVISION Docket No. MS-27846
89-3-87-3-315
The Third Division consisted of the regular members and in
addition Referee Irwin M. Lieberman when award was rendered.
(Ronald J. Griglia
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former B50)
STATEMENT OF CLAIM:
"(A) Carrier violated the current Signal Agreement particularly
Section (46C) which states, Bulletins advertising new positions or vacancies
or awarding positions to successful applicants will be posted at headquarters
of maintainers and gangs and copies of each bulletin will be furnished the
Local Chairman. Copies will be also sent to each employee not in actual
service on seniority district, providing request to that effect is on file
with the Signal Supervisor.
(B) Signalman Griglia should be compensated for all hours lost from
August 6, 1985 to September 2, 1985.
Total number of lost hours. 152.00 strait
time
Also 30 min. A Day Prorate. 9.00 strait
time
161.00 Total
$2134.86"
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.
Form 1 Award
No.
28049
Page 2 Docket
No.
MS-27846
89-3-87-3-315
This dispute is based on a Bulletin dated June 12, 1985, which Claimant herein allegedly did not
12th Bulletin were awarded by Bulletin dated July 5, 1985. The initial Claim
herein was filed on September 9, 1985, received by Carrier on September 12,
1986. Under the provisions of Rule 54 all Claims or grievances must be filed
within 60 days from the date of the occurrence upon which the claim is based.
The Claim was clearly tardy in that it was filed more than sixty days from the
issuance of the original bulletin or any other possible date the alleged
violation could have occurred.
The decision by Carrier's highest officer was rendered on May 1,
1986. Rule 54 (1)(c) provides that proceedings must be instituted before the
Board within 9 months of the decision by the Carrier's highest designated
officer. In this dispute Carrier was notified by the Board by letter dated
April 21, 1987, of written notice from Petitioner of his intent to file an ex
parte submission in this dispute. Again, the Board must conclude that Claimant's action was defectiv
Agreement.
Section 3, First (i) of the Railway Labor Act and Circular
No. 1
of
the Board both require that all disputes to be considered by any Division of
the Board must be handled in accordance with the provisions of the controlling
Agreement. It is apparent that the Claim was defective under the time limit
provisions of Rule 54 on two grounds and consequently this Board is barred
from ruling on the merits of the dispute. The Claim must be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
Nancy J. ~Ier - Executive Secretary
Dated at Chicago, Illinois, this 10th day of August 1989.