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:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier assigned outside
forces (Foundation Constructors Inc.) to perform System Work
Equipment Sub-department work (operate crane to drive pile
and set the bridge) at Mile Post 139.87 on the Valley
Subdivision beginning on October 18, 1999 and continuing
through December 6, 1999 instead of Mr. T. L. Kelly (Carrier's
File 1221567 SPW).
(2) The Agreement was further violated when the Carrier failed to
provide the General Chairman with a proper advance written
notice of its intent to contract out the work referenced in Part
(1) above or make a good-faith effort to reduce the incidence of
subcontracting and increase the use of Maintenance of Way
forces in accordance with Article IV of the May 17, 1968
National Agreement and the December 11, 1981 Letter of
Understanding.
(3) As a consequence of the violations referred to in Parts (1)
and/or (2) above, Claimant T. L. Kelly shall now be
compensated for two hundred and thirty (230) hours' pay at
Form 1 Award No. 37646
Page 2 Docket No. MW-36605
05-3-01-3-95
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.
Parties to said dispute were given due notice of hearing thereon.
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.
Because the claim was filed in an untimely fashion, it must be dismissed.
Form 1 Award No. 37646
Page 3 Docket No. MW-36605
05-3-01-3-95
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 7th day of December 2005.