Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29116
THIRD DIVISION Docket No. MW-29171
92-3-90-3-26
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier listed the name of
Mr. L. G. Breckler on the Columbus Division Repairman Seniority Roster with an
August 4, 1975 seniority date (System Docket MW-223).
(2) The Carrier shall remove the name of Mr. L. G. Breckler from the
Columbus Division Repairman Seniority Roster."
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.
In October 1988, three Columbus Division employees filed roster protest letters complaining that
1988 roster with a date of August 5, 1975. These protest letters were rejected on the basis that Rul
(whether they are in error or not) that have not been timely presented.
This rejection is correct. Paragraph (b) of Rule 4, Section 6, is
clear and unambiguous. All roster protests must be made within 90 days of the
date the roster was posted. The facts before us (which are unrefuted) indicate that the Columbus Div
first protest concerning Mr. Brecklers' ranking was not made until October 7,
1988, which is well beyond the 90 day period allowed.
The Claim is not supported by the Rule. It must be dismissed.
Form 1 Award No. 29116
Page 2 Docket No. MW-29171
92-3-90-3-26
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. a -Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1992.