Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32806
Docket No. SG-33819
98-3-97-3-305
The Third Division consisted of the regular members and in addition Referee
James E. Yost when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Louisville &
( Nashville Railroad Company)
STATEMENT OF CLAIM
:
"Grievance on behalf of the General Committee of the Brotherhood
of Railroad Signalmen on the Louisville & Nashville Railroad:
Grievance to require the advertisement of the Lead Signalman
position on System Gang 7X44, account Carrier violated the current
Signalmen's Agreement, particularly Rules 46 through 50, when it left the
Lead Signalman position vacant for more than 30 days without advertising
the position. Carrier also violated Rule 54 when it failed to provide notice
of the disallowance of this grievance within the time limits. Carrier's File
No. 15(96-137). General Chairman's File No. 96-Grievance-01. BRS File
Case No. 10186-L&N."
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. 32806
Page 2 Docket No. SG-33819
98-3-97-3-305
Parties to said dispute were given due notice of hearing thereon.
This dispute involves a claim by the Organization contending violation of Rules
46 through 50, account Carrier's failure to advertise and fill the vacant Lead Signalman
position on System Gang 7X44 filed with Carrier on February 1, 1996.
Carrier failed to respond to the claim, and on May 9, 1996, the Organization
advised Carrier that its failure violated Rule 54, lime Limits for Handling Claims,
which reads:
"(a) All claims or grievances must be presented in writing by or on
behalf of the-employe involved, to the officer of the Carrier authorized to
receive same, within sixty (60) days from the date of the occurrence on
which the claim or grievance is based. Should any such claim or grievance
be disallowed. the Carrier shall, within sixty (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 Erievance 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." (Emphasis added)
and called upon the Carrier to allow the claim as presented.
Carrier responded by letter dated July 5, 1996, denying the claim, but making no
comment concerning its failure to respond within 60 days to the initial claim of February
1, 1996.
On the basis of the on-property record of handling, we conclude that the
procedural violation requires that the claim be allowed as presented because the
language of Rule 54(a) is clear and unambiguous. In reaching this decision, the Board
makes no comments regarding the merits of the claim.
AWARD
Claim sustained.
Form 1 Award No. 32806
Page 3 Docket No. SG-33819
98-3-97-3-305
ORDER
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 23rd day of September 1998.