Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29130
THIRD DIVISION Docket No. MS-28672
92-3-89-3-24
The Third Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(J. E. Dame
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (formerly the Chesapeake and
Ohio Railway Company)
STATEMENT OF CLAIM:
"This letter is protesting the combined Roster of Train Dispatchers in the Jacksonville, FL offi
Foshee is August 14, 1981. Mr. Foshee forfeited his seniority as the attached
letters indicate on July 17, 1985 and established his new seniority date on
July 21, 1985.
With this :orfeiture of J. A. Foshee seniority. I am also protesting the Birmingham Train Dispat
Foshee seniority age as August 14, 1981 not July 21, 1985."
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.
Claimant was employed as a train dispatcher.
As Third Party in Interest, the American Train Dispatchers Association was advised of the penden
Submission with the Division.
The issue in this case concerns the proper posting of Train Dispatcher J. A. Foshee's seniority
Jacksonville, Florida, =rain dispatching office when it consolidated several
of its train dispatching offices into the Florida office, which included the
Evansville, Indiana, office where Foshee had most recently worked. The Claimant contends that senior
date he transferred to the Evansville, Indiana, office from the Birmingham,
Alabama office, and not the seniority date he established in Birmingham.
Form 1 Award No. 29130
Page 2 Docket No. MS-28672
92-3-89-3-24
The Claimant filed his protest on February 10, 1988. The alleged
wrongdoing took place in January 1986, and January 1987.
Under the Rules, seniority rosters are open to protest for only a
sixty-day period following the date of issuance. Therefore, the claim was not
filed in a timely fashion.
Numerous Awards have held that claims regarding seniority rosters
must be timely filed in accordance with the Rules. See Second Division Awards
11104 and 11171. It is not a continuing violation. See Second Division Award
10667. Hence, this claim was invalid from the time of its inception. Therefore, the claim must be de
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
y J.~ v -Executive Secretary
Dated at Chicago,/ Illinois, this 28th day of February 1992.