Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31496
Docket No. SG-31588
96-3-93-3-591
The Third Division consisted of the regular members and in
addition Referee James E. Mason when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIE_STQ
DISPUTE: (
(Southern Pacific Transportation Company
STATEMENT OF-CLAIM:
"Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Southern Pacific
Transportation Company (SP):
Claim on behalf of I.R. Pena to have removed from his
personal record a memorandum dated July 17, 1992, account
Carrier violated the current Signalmen's Agreement,
particularly Rule 53, when it placed the disciplinary
memorandum in the claimant's record without affording him
the right to a fair and impartial investigation, and Rule
54, when it did not provide notice of the disallowance of
the claim within 60 days from the date the claim was
filed. Carrier's File No. SIGD92-9. General Chairman's
File No. SWGC-479. BRS File Case No. 9206-SP."
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.
There is a fatal procedural defect present in this case which
prevents the Board from reaching
the merits of
the dispute. It is
clear from the record that Carrier failed to issue a timely
response to the grievance which was filed by the organization.
Carrier candidly
acknowledges this dereliction in its submission to
the Board, yet it asks that the Board resolve the
dispute on its
merits. This the
Board cannot do.
Rule 54 of the Agreement reads as follows:
Form 1 Award Ho. 31496
Page 2 Docket No. SG--31588
95·3·93·3-591
"RULE 54
CLAIMS AND GRIEVANCES
(a) All claims or grievances must be presented in
writing by or an behalf of the employe involved, to the
officer of the Carrier authorized to receive same, within
60 days from the date of occurrence on which the claim or
grievance is based. Should any such claim be disallowed,
the Carrier shall, within 60 days from the date same is
filed, notify whoever filed the claim or grievance (the
employe or his representative) in writing of the reasons
for such disallowance. If
not so
notified, the claim or
grievance shall be allowed as presented,
but this shall
not be considered as a precedent or waiver of the
contentions of the Carrier as to other similar claims or
grievances."
This Rule is clear, unambiguous and applicable in this case.
Carrier
did not comply with the requirements of the Rule.
Therefore, ". . . the claim or grievance shall be allowed as
presented, but this shall not be considered as a precedent or
waiver of the contentions of the Carrier as to other
similar claims
or grievances."
The claim as outlined in the Statement of Claim, sUyra, is
sustained.
AWARD
Claim sustained.
OR12E$
This Board, after consideration of the dispute identified
above, hereby orders
that
an award favorable to the Claimant(sy 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
HOARD
By Order of Third Division
Dated at Chicago, Illinois, this 23rd day of May 1996.