Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37293
Docket No. SG-36983
04-3-01-3-590
The Third Division consisted o the regular members and in addition Referee
Robert Perkovich when award was req dered.
(Etrotherhoo of Railroad Signalmen
PARTIES TO DISPUTE: ( I
(The Burlington Northern and Santa Fe Railway Company
STATEMENT OF CLAIM:
"Claim on behalf of the Gen ral Committee of the Brotherhood of
Railroad Signalmen on the B rlington Northern Santa Fe Railroad
Co. (former Santa Fe Railroa ):
Claim on behalf of D. R. Jure, R. Coonce, L. W. Scott, G. M.
Houser, and D. C. :Hernand z for payment of 1568 hours at the
straight time rate to be divided equally among the Claimants.
Account Carrier viiolated toe current Signalmen's Agreement,
particularly the Scope Rule
I
and Letter of Understanding dated
November 2, 1992, when in sy and June of 2000 Carrier allowed
an outside contractor to install poles and power lines at several
locations in Southern California. This action deprived the
Claimants of the opportunity to perform this work. Carrier's File
No. 35-00-0019. General Chairman's File No. 002901. BRS File
Case No. 11803-ATSF)."
FINDINGS:
I
The Third Division of the Adjustment Board, upon the whole record and all the
ievidence, finds that:
The carrier or carriers and the ~mployee 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 Award No. 37293
Page 2 Docket No. SG-36983
04-3-01-3-590
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
The Claimants herein were assigned to various signal positions on Signal
Gang 28239 when the Carrier used an outside contractor to install approximately
150 signal poles and power lines between May 24 and June 6, 2000.
Rule 42 of the parties' Agreement requires that all claims must be presented
within 60 days of the date of the occurrence on which the claim is based. The record
shows that the Carrier utilized the services of an outside contractor between May 24
and June 6, however, the Organization filed the instant claim in this matter on
August 20, 2000. Because the claim was filed beyond the time limits, it is time
barred and 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 17th day of November 2004.