SPECIAL BOARD ADJFJSTi·2NT NO. 605

 ,n~-LRTIES ) The S?astern Pacific Railroad Ccmpany
 TO Try;' ) and
 DISPtily ) Brotherhood of Railroad Signalmen
 ISSUE: Claim of the General Committee of the Brother oofl:
 of Railroad Signalmen on The Western Pacific Rail
 road company that:
 (a) The Western Pacific Railroad cc;~;pany .
 violated the Mediation Agreement A-7123,
 -dated February 7, 1965, when it failed
 and/or declined to apply Section 1 of
 Article 1V of "Mediation ATreement A-7128,
 by not allowing Mr. M. P. Messerly, a
 Signalman-Maintainer, the normal rate of
 compensation for his regularly assigned
 position on October 1, 1904
 (b) Mr. M. P. Messerly be allowed ten
 dollars ($10.00) for each month, commiencing




OPINION On October 1, 1964., Claimant, a protected employee,
 OF BOARD: caws Signal Maintainer, at Elko, Nevada, anu as such,
 received a $10.00 par month housing allowance.
 His position was abolished in October, 1966. On April 26, 1967,
 Claimant wrote Carrier seeking payment of the $10.00 allowance
 as part of his guaranteed compensation.
Claimant received no reply within the 60 gays required by the rules. agreement. In fact, no reply was _eceived by the Employes to their subsequent communication on July 17, until November 15, 1967, when carrier wrote that claim had not been timely filed within 60 days of its occurrence.


              Article V, Section 3,, of th~- Lugust 21, 1956.,,

Agrec-ent provides that money cla ims for a co'nt inuirg vi~la~Gn
 may be filed at any time, with retaoz_ctiv.'cy noY. to c_:t~n c, ::.cre
 'than 60 days prior to the date of the cla .7s. ti'his w--s cc:<
 tinuing claim and conse:;uently could by filed as long ~.s the
 alleged violation continued. Since Carrier did not uL-z.lla;r
 it P!lthin 60 drays, it must b--a allC:·7cd td the date of C..~:"_ic.i_.
 If c'7. claim is without m?rit, sand a-1 ti^.^-.ly 6eniTc 1 h=:S not bZen
 mace, 1t is not allowable cd infinitum. (See T;Dc D: cis_on 16,
 3rd Division Docket, CL 12336, of Article 3V, August 21, 1954
 Agree:nant)

 With respect to the substance of the claim, it . must b= held to be without merit. The housing allcviance is not 'part of the "normal rate of ccmpensation," guaranteed in. Article IV, Section 1. (See Award ro. 137)

                        A L9 A R D


              (a) Carrier failed to respond timely to

              the claim in accordance with the rules

              agreement. Nor. M. P. Messerly shall 'sae

              allowed $10.00 for each month commencing

              April, 1967, and continuing thrown ~.'ovem

              2x.r, 1967, as a result of Carrier's failure

              to disallow the claim within 60 days.


              (b) on its merits, however, t%e claim is

              denied. `


                          Milton Friedman

                          Neutral Member


Washington, D. C.
 December ~', 1969

                          2