Form
]R EC EIV
eDIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
1995
Award No. 30625
JAN -5
Docket No. CL-30617
9.4-3-92-3-448
G. L:. HART
The Third Division consisted of the regular members and in
addition Referee Robert Richter when award was rendered.
(Transportation Communications International
( Union
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( (Western Lines)
STATEMENT OF CLAIM: "Claim of the System Committee of the Union
(GL-10824) that:
(a) The Southern Pacific Transportation Co. violated the
Agreement when it directed and/or permitted employees not
covered by the Agreement to perform work that was
reserved to Mr. J.E. Ward, and;
(b) The Southern Pacific Transportation Co. shall now be
required to restore the work to the employee covered
under the collective bargaining agreement and pay Mr.
J.E. Ward an additional two-hours compensation at the pro
rata rate at the time and one-half rate of position 583,
Lift Truck Operator ($104.64 per day), for April 20, 21,
May 4, 11, 21, 26, 29; eight hours additional
compensation at time and one-half rate on April 17 and
eight hours additional compensation at straight-time rate
on April 19, 1989."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
The carrier or carriers and the employee or employees involved
in this dispute are respectively carrier and employee 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.
Form 1 Award No. 30625
Page 2 Docket No. CL-30617
94-3-92-3-448
On March 1, 1988, the Carrier abolished Position No. 591 Lift
Truck Operator at the P&M Department, Roseville, California.
Throughout the handling of the claim, the Organization claims the
job was abolished in June 1988, but gives no specific date.
Beginning in April 1989, Claimant began filing claims that a
mechanical department laborer was performing clerical work
belonging to the former Position No. 591. Throughout the handling
of this claim, the Organization based the claim on the abolishment
of the position.
The Carrier has taken the position that the claim should be
barred because it was not filed within 60 days of the abolishment
of the job. Rule 24 of the Agreement requires all claims and
grievances must be filed within 60 days from the date of the
occurrence on which the claim is based. The issue of the time of
occurrence has been handled by the Board in the past. In Third
Division Award 12045, the Board held:
"Our review of the numerous awards concerned with the
time limit issue distinguished between a continuing claim
and a non-continuing claim largely on the basis of
whether the violation is performed repeatedly or is a
single or final act which occurs on a specific date such
as removal from a seniority list or the abolishment of a
position and the transfer of work to employee of another
class. The awards involving abolishment of a position
and transfer of work to another class, as Award No.
10532, hold that such a violation is not of the
continuing type. In the case of bar, Carrier abolished
the position of Material and Supply Clerk on April 1,
1958 and transferred work to the Car Foreman. The
abolishment of the position took place on that date; and
if there was a violation, it occurred then and only
then."
The time to commence filing claims in this case was March 1,
1988. The claim is barred.
AWARD
Claim dismissed.
Form 1 Award No. 30625
Page 3 Docket No. CL-30617
94-3-92-3-448
O R D E R
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant (s) not
be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 28th day of December 1994.