Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
DIVISION
Award No. 31109
Docket No. CL-31436
95-3-92-3-541
The Third Division consisted of the regular members and in
addition Referee Elizabeth C. Wesman when award was rendered.
(Transportation Communications
( International union
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the
Organization that:
1. The Union Pacific Railroad Company violated
the Agreement effective May 16, 1981, as
amended and supplemented when it failed to
allow NPS Timekeeping training for clerical
employe, M.J. Fogarty.
2. The Union Pacific Railroad company shall now
be required to afford clerical employe M.J.
Fogarty Non-Operating Personnel Services (NPS)
Representative Training.
3. The Union Pacific Railroad Company shall now
be required to compensate clerical employe
M.J. Fogarty the difference in pay between a
NPS Representative position and a Janitor
position commencing April 1, 1991 on a
continuous basis. Said differential to be
adjusted through the step rate wage
structure."
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.
Form 1 Award
No.
31109
Page 2 Docket
No.
CL-31436
95-3-92-3-541
Parties to said dispute waived right of appearance at hearing
thereon.
The triggering incident in this case occurred on February 1,
1991, at which time Claimant was displaced from his PBX position
and denied Timekeeping training on the grounds that he lacked the
keyboard skills. Claimant maintains he achieved such skills as of
February 7, 1991, but he was still prohibited by Carrier from
entering the NPS training class which began February 19, 1991.
The instant claim was filed on May 28, 1991, more than 100
days after the triggering incident. The Board is not persuaded
that the triggering date for the claim is April 16, 1991, when
Claimant was permanently assigned to a janitorial position. Giving
Claimant all benefit of the doubt, the latest date he might
arguably propose as the triggering date is February 19, 1991. On
that date it was clear that Carrier would not permit him to attend
the NPS training. Since that is the violation claimed, Claimant
cannot now focus on a much later incident in order to resuscitate
his claim. The claim, as filed, was not presented within the sixty
day contractual limit. Accordingly, it must be dismissed.
AWARD
Claim dismissed.
ORDSR
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 let day of September 1995.