Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33504
Docket No. CL-34852
99-3-98-3-549
The Third Division consisted
of
the regular members and in addition Referee
Robert G. Richter when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Springfield Terminal Railway Company
STATEMENT OF CLAIM:
"Claim
of
the System Committee
of
the Organization (GL-12115) that:
1, Gene Ferrari, claim eight (8) hours pay for Fitchburg Agent job being
worked by Dick Bussiere working at Fitchburg, MA, and not at Billerica,
MA, where this job was moved. This claim will be continuous as long as
this persists. Fitchburg office was closed as
of
1500 hour July 7, 1997.
Claim is further made that Carrier violated Rule 38 - Claims/Grievances
not involving discipline - when the subject claim was not timely denied at
the first level."
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.
Form 1
Page 2
Award No. 33504
Docket No. CL-34852
99-3-98-3-549
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
Claim was originally fled on July 25, 1997 and declined at the local level on
August 7, 1997. Claim was appealed to the Carrier's highest designated officer on
August 28, 1997. Carrier acknowledged receipt of the appeal on September 3, 1997,
but did not deny same. On November 4, 1997, after conference, Carrier denied the
claim. Rule 38.4 of the Agreement requires a declination within 60 days.
The Organization's position is well taken. Carrier did not decline the claim as
required by the Agreement. However, the claim does not rise to the level of a continuous
claim. Therefore, one day's pay will be allowed for July 25,1997, based on the violation
of the time limit.
AWARD
Claim sustained in accordance with the Findings.
ORDER
This Board, after consideration ofthe dispute identified above, hereby orders that
an award favorable to the Claimants) 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 22nd day of September 1999.