Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37646
Docket No. MW-36605
05-3-01-3-95

The Third Division consisted of the regular members and in addition Referee Steven M. Bierig when award was rendered.

(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Union Pacific Railroad Company (former Southern
( Pacific Transportation Company [Western Lines])

STATEMENT OF CLAIM:





Form 1 Award No. 37646
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his respective straight time rate of pay and for sixty-four (64)
hours' pay at his respective time and one-half rate of pay."

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.




Beginning on October 18 and continuing through December 6, 1999, the Carrier allegedly assigned Foundation Constructors, Inc. to perform System Work Equipment Sub-department work. According to the Organization, during that time, an employee of Foundation Constructors, Inc. expended 230 straight time and 64 overtime hours.


On December 23, 1999, the Organization submitted a claim alleging that the Claimant was entitled to compensation at the straight time rate of pay for 230 hours, and at the overtime rate of pay for 64 hours.


Rule 44 (a) of the Agreement requires any claim to be presented in writing "within 60 days from the date of the occurrence on which the claim or grievance is based." In the instant case, the initial claim was dated December 23, 1999. The work commenced on October 18, 1999. As such, the claim was filed beyond the 60day time limit set forth in Rule 44 (a). See Third Division Awards 37364, 28918, 25538, 23953 and 18667.



Form 1 Award No. 37646
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This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.


                      By Order of Third Division


Dated at Chicago, Illinois, this 7th day of December 2005.