This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
Claimant was assigned as an Independent Signal Maintainer with headquarters at Queensgate Yard, Cincinnati, Ohio. Claim was filed by Claimant on his own behalf by letter dated November 15,1995, contending a violation of Rule 14(g) on October 19, November 13 and 14, 1995, when Carrier used junior employees for overtime assignments. and requested 24 hours pay at the time and one-half rate. The claim was denied by letter postmarked January 16, 1996.
Claim was appealed by the Organization on February 29, 1996, asserting violation of Rule 54, Time Limit Rule, account Carrier failed to disallow the claim within 60 days of the date the claim was presented. Carrier disallowed the claim asserting that it was disallowed on the 60th day which is permissible.
Review of the record of handling on the property reveals that the initial claim dated November 15 was hand delivered to the proper Carrier officer on November 16. 1995. Although it was denied by letter dated January 14, it was not posted until January 16, 1996, which is one day beyond the 60 day limit for denying claims under Rule 54(a).
The Board has held numerous times that it is the date of posting (mailing) of the denial. not the date the letter is written that determines the date of denial. Carrier's denial was untimely.
Inasmuch as the requirements of Rule 54(a) of the Agreement are clear and unambiguous, the claim must be allowed as presented.
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.