Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32442
Docket No. MW-31280
98-3-93-3-198
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:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier failed and refused to
afford Mr. J. McMahon a seniority date on the Allegheny `A'
Division Trackman Seniority Roster as of April 17, 1990 (System
Docket MW-2386).
(2) As a consequence
of
the aforesaid violation, the Carrier shall allow
Mr. J. McMahon a seniority date of April 17,1990 on the Allegheny
'A' Division Trackman Seniority Roster and he shall be
compensated for all wage loss suffered and credit for vacation and
health benefit purposes."
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. 32442
Page 2 Docket No. MW-31280
98-3-93-3-198
Parties to said dispute were given due notice of hearing thereon.
Claimant contends that he is entitled to be carried on the Allegheny "A" Division
Trackman Seniority Roster with a seniority date of April 17, 1990. Carrier contends
that his protest of the seniority roster was not timely made. The evidence in this record
supports Carrier's contentions. Claimant had 90 days from the date he returned from
furloughed status to file a roster protest. Claimant's protest was filed 93 days after he
returned from furlough. Under the explicit terms of Rule 4 it was out of time.
Accordingly, his claim must be dismissed.
AWARD
Claim dismissed.
ORDER
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 21st day of January 1998.