Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28196
THIRD DIVISION Docket No. MS-28213
89-3-87-3-793
The Third Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
(John N. Hall
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"My claim for 58 days compensation including vacation day credits
lost when I was denied my bidding and seniority rights on February 6, 1985.
(Conrail System Docket No. CR-3412. New England Division Case No. 09-85-N0037)."
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.
On March 29, 1985, Claimant wrote two letters. One was addressed to
the Area Manager, Station Department, claiming thirty-seven (37) days' compensation because he had b
was addressed to the Carrier's Regional Director of Labor Relations charging
improper loss of seniority and bidding rights. On April 3, 1985, the Area
Manager denied the Claim addressed to him, specifically citing Rule 45 (a) and
stating he was not the Claimant's last immediate supervisor. On April 26,
1985, the Manager of Labor Relations acknowledged receipt of both March 29
letters and denied the Claim pointing out the Claims or grievances are to be
presented to the employee's immediate supervisor. He did inform the Claimant
that the Carrier and the Organization had agreed to restore his clerical
seniority date of October 20, 1975.
The Carrier argues this Board has no jurisdiction to hear the merits
of this Claim. We do not disagree. Rule 45(a) specifically provides in
relevant part:
Form 1 Award No. 28196
Page 2 Docket No. MS-28213
89-3-87-3-793
"All claims or grievances must be presented in
writing by either the employee or a duly accredited representative on his behalf to the employee'
receive same within sixty (60) days from the
date of occurrence on which claims or grievances
are based, except
...."
(emphasis added)
Whether the Regional Manager of Labor Relations or the Area Manager,
Station Department, the record establishes neither individual was the Claimant's immediate superviso
to this procedural violation. Accordingly, we cannot consider the merits of
this Claim because it is procedurally defective.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
7
000,
Attest: i
-5
a cy J er - Executive Secretary
Dated at Chicago, Illinois, this 20th day of November 1989.
I