Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 39705
Docket No. MW-37303
08-3-NRAB-00003-020313
(02-3-313)
The Third Division consisted of the regular members and in addition Referee
Robert E. Peterson when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Union Pacific Railroad Company (former Chicago &
( North Western Transportation Company)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it faded to call or
allow Mr. M. D. Lucas to work extra in Sterling, Illinois,
Seniority District T-3, Zone A, between December 7, 2000 and
January 1, 2001, and instead called and assigned junior employee
H. H. Behnonte. (System File 3KB-6698T/1264487 CNW)
(2) As a consequence of the violation referred to in Part (1), above,
Claimant M. D. Lucas shall now ". . . be compensated ninety-six
(96) hours straight time, thirty-two (32) hours holiday and thirtytwo (32) hours rate and one half, for his loss of work
opportunity."'
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 Award No. 39705
Page 2 Docket No. MW-37303
08-3-NRAB-00003-020313
(02-3-313)
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
In study of the record the Board finds substantial reason to concur with the
Carrier's argument that the dispute be dismissed without consideration of the claim
on its merits account it not having been presented in a timely manner pursuant to Rule
21, "Time Limit On Claims," of the applicable Agreement.
Rule 21 prescribes in part here pertinent as follows:
"(a) All claims or grievances must be presented in writing by or on
behalf of the employe involved, to the officer of the Company
authorized to receive same, within sixty (60) days from the date of the
occurrence on which the claim or grievance is based ...."
The claim alleges the occurrence which- gave rise to the issue in dispute was
December 7, 2000. The claim was not presented in writing to the authorized Officer of
the Carrier until February 8, 2001. It is thus evident that presentation of the claim
was made two days outside the time limits prescribed by Rule 21.
While the Organization submits that its General Chairman was agreeable
during conference on the property to abandon the portion of the claim work
performed by the junior employee prior to December 11, 2000, it is to be noted that
the Carrier refused to concur with such handling of the claim.
The Carrier's procedural objection that the claim is time-barred being well
taken, the claim must be dismissed without the Board reaching out to the merits of the
claim.
Form 1 Award No. 39705
Page 3 Docket No. MW-37303
08-3-NRAB-00003-020313
(02-3-313)
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 26th day of May 2009.