Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37861
Docket No. SG-37690
06-3-03-3-022
The Third Division consisted of the regular members and in addition Referee
Robert Richter when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Union Pacific Railroad
STATEMENT OF CLAIM:"
" 1. Claim on behalf of the General Committee of the Brotherhood
of Railroad Signalmen on the Union Pacific (UP).
2. Claim on behalf of J. L. Brock, for 152 hours at the straight
time rate, three hours at the time and one-half rate of pay and
$4,252.00 in lost travel pay, account Carrier violated the
current Signalmen's Agreement, particularly Rules 13, 36 and
80, when it used another employee instead of the Claimant to
work in El Paso, Texas, beginning October 8, 2001 through
November 30, 2001, depriving the Claimant of the opportunity
to perform the work. Carrier's File No. 1297906. General
Chairman's File No. W-13-153. BRS File Case No. 1283-UP."
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 I Award No. 37861
Page 2 Docket No. SG-37690
06-3-03-3-022
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
Before the merits off this case, the Carrier raised the issue that the
Organization violated the time limits in Rule 69A, which reads:
RULE 69 - CLAIMS AND GRIEVANCES
"A. All claims or grievances must be presented in writing by or on
behalf of the employee involved, to the officer of the Carrier
authorized to receive same, within 60 days from the date of the
occurrence on which the claim or grievance is based. Should any
such claim be disallowed, the Carrier will, within 60 days from the
date same is filed, notify whoever filed the claim or grievance (the
employee or his representative) in writing of the reasons for such
disallowance. If not so notified, the claim or grievance will be
allowed as presented, but this will not be considered as a precedent
or waiver of the contentions of the Carrier as to other similar claims
or grievances."
By letter dated December 27 postmarked December 28, 2001the
Organization submitted the claim at issue. The claim contended that beginning
October 8, 2001, the Carrier had violated Rules 13, 36 and 80 of the Agreement by
assigning an employee junior to the Claimant to work outside of their construction
zone in El Paso, Texas. The claim alleged that the Claimant was entitled to
additional pay for the time that the other employee worked outside the zone and
that the Claimant was entitled to travel pay for trips he would have taken if he had
been assigned to the position in El Paso.
It is obvious that the claim was not filed until after the 60-day time limit
-specified in Rule fig.
The Organization admits that the claim was not timely, but it contends that it
is a "continuing claim."
Form 1 Award No.
37861
Page
3
Docket No.
SG-37690
06-3-03-3-022
The Carrier argues that the claim had to be filed within 60 days of the first
date of the alleged violation. In support it cites Third Division Award 29260 which
held:
"Here, the `separate and definitive action' occurred when the junior
employee was assigned to return to service on Rail Gang 5X11 in
February 1986. We concur with Carrier's contention that while the
claim as stated may have had potential continuing liability, it is one
which has as its basis an alleged violation which occurred on a
particular date, that is, the date on which the junior employee was
first used on Rail Gang 5X11."
Having raised the issue on the property, we concur that the claim is untimely
and is, therefore, barred.
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 1st day of August 2006.