Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 30886
Docket No. CL-30995
95-3-92-3-960
The Third Division consisted of the regular members and in
addition Referee Martin F. Scheinman when award was rendered.
(Transportation Communications
( International Union
PARTIES TO DISPUTE:
(Delaware and Hudson Railway Company
STATEMENT OF CLAIM "Claim of the System Committee of the TCU (GL10908) that:
The following claims are hereby presented to the Company
in behalf of Claimant W.L. Whalen:
I. Account being held in the day before and day of
working Yardmaster, claim is made for the following
dates:
March 8-9 $67.64 - week ending March 12, 1991
March 15-16 $67.64 - week ending March 19, 1991
March 22-23 $67.64 - week ending March 26, 1991
April 5-6 $67.64 - week ending April 9, 1991
April 12-13 $67.64 - week ending April 16, 1991
April 19-20 $67.64 - week ending April 23, 1991
Total - $405.84
II. Account being held in for Yardmaster April 27, I
claim the difference for being held off regular
assignment April 26 and 27.
III. Account being held off regular position May 3 and 4
to work Yardmaster on May 4, I claim the difference in
pay of $67.64."
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.
Form 1 Award No. 30886
Page 2 Docket No. CL-30995
95-3-92-3-960
This Division of the Adjustmen- 3oard has jurisdiction over
the dispute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
The Organization contends that Carrier violated Rule 28-2 of
the Agreement when it failed to respond to the claims in a timely
manner. In its view, the claims should be allowed on the basis of
this 60 day time limit violation.
Carrier argues that it did not violate Rule 28-2 of the
Agreement. It asserts that the reply to the claim was handled in
the customary manner on the property within the time frame provided
in the Agreement.
We conclude that the organization is correct in its assertion
that a response to a claim is due within 60 days, as required by
the Agreement. While it is clear from the March 9, 1992 letter
from General Chairman H.W. Randolph to General Manager T. F. Waver
that there were ongoing discussions, this does not obviate the
requirement to respond in a timely fashion. After all, the
organization was still waiting for a response to its claims.
Therefore, claimant is entitled to payment as requested.
Accordingly, and for the foregoing reasons, the claim is
sustained on procedural grounds alone.
As to its merits, the claims are denied. There is
insufficient evidence to sustain the claims on the merits.
AWARD
Claim sustained in accordance with the Findings.
Form 1 Award No. 30886
Page 3 Docket No. CL-30995
95-3-92-3-960
O R D E R
This Board, after consideration of the dispute identified
above, hereby orders that an Award favorable to the Claimant(s) be
made. The carrier is ordered to make the Award effective on or
before 30 days following the postmark date the Award is transmitted
to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this loth day of May 1995.