Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29272
THIRD DIVISION Docket No. SG-29389
92-3-90-3-312
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim on behalf the General Committee of the Brotherhood
of Railroad Signalmen on the Consolidated Rail Corporation
(CONRAIL):
Case No. 1
Claim on behalf of G.M. Terp, for all travel time, mileage and 2
hours for each day of violation, account of Carrier violated the current
Signalmen's Agreement, as amended, particularly, Rule 2-A-1, when it did not
bulletin certain temporary positions and allowed junior employees from outside
of the seniority district to perform signal work on certain dates during
February and March 1989. Carrier file SG-93. BRS file Case No. 7937.
Case No. 2
Claim on behalf of B.G. Jones, for payment of $4,365.24, account of
Carrier violated the current Signalmen's Agreement, as amended, particularly,
Rule 2-A-1 (a), when junior employees were used to work fiber optics positions
during February and March 1989, on Seniority District No. 4. Carrier file
SG-95. BRS file Case No. 7939-CR.
Case No. 3
Claim on behalf of V.P. Martell, for payment of $3,770.38, account of
Carrier violated the current Signalmen's Agreement, as amended, particularly,
Rule 2-A-1 (a), when it used junior employees to perform signal work on
Seniority District No. 4, on certain days during the months of February, March
and April 1989, on the Southern Secondary. Carrier file SG-94. BRS file Case
No. 7938."
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.
Form 1 Award No. 29272
Page 2 Docket No. SG-29389
92-3-90-3-312
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
There are three Claimants in this case. On April 3, 1989, two Claimants filed claims which alleged t
Agreement had occurred on February 1, 1989, because the Carrier did not
advertise positions on the Fiber Optics Gang within Seniority District No. 4.
A third Claimant submitted a similar claim on April 10, 1989.
The Carrier on May 10, 1989, denied the three claims because the
initial claims were untimely in that they were not presented within 60
calendar days from the date of the occurrence on which the claim was based.
In this case, the Carrier submits the occurrence upon which the claims were
based happened on February 1, 1989, when the Fiber Optic Gang commenced work.
We agree with the Carrier that the Claims were not filed in a timely
fashion. Moreover, we note that the Claim of one of the Claimants was amended
on appeal and, on that basis, must also hold it to be procedurally defective.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Na cy J. v -Executive Secretary
Dated at Chicago, Illinois, this 12th day of June 1992.