Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29382
THIRD DIVISION Docket No. MW-29157
92-3-90-3-7
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:
(CSX Transportation, Inc.
(former Seaboard System Railroad)
STATEMENT OF CLAIM: "Claim of =he System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it improperly disqualified Machine ;aerator E. L. Mc
on June 28, 1988 [System File 37-SCL-88-43/12(88-1176) SSYj.
(2) Division Manager T. M. Purvis failed to disallow the claim
presented to him by General Chairman T. A. Denton on July 28, 1988 as contractually stipulated withi
(3) As a consequence of either or both Parts (1) and/or (2) above,
the Claimant shall:
'...be immediately restored to the Class III
machine operator position to which he was
assigned by bulletin; that he be given a machine
operator seniority listing, Rank 4, on the
Atlanta-Waycross Seniority District Roster as
of the date assigned by bulletin; and that he
be compensated for all wage loss suffered as a
result of the improper disqualification."'
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 t3 said dispute waived right of appearance at hearing thereon.
A threshold issue to consider before proceeding to the merits of
this matter is the contention of the Organization the Claim it filed with the
Division Manager was not timely denied, thus, it is payable under the Time
Limit Rule.
Form 1 Award No. 29382
Page 2 Docket No. MW-29157
92-3-90-3-7
The Board concurs with the contentions of the Organization. The
Claim herein was filed with the officer of the Carrier designated by the
Carrier to receive claims and grievances in the territory in which the Claim
arose. It was not timely denied after being filed with that officer. Under
the application of the Time Limit Rule the Claim must be allowed as presented.
The Claim will be sustained because of the time limit default. The
Board makes no determination concerning the merits of the matter.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: ,
"Nancy J. 315or - Executive Secretary
Dated at Chicago, Illinois, this 17th day of September 1992.