SPECIAL BOARD OP ADJUSTMENT NO. 605
PARTIES ) Chicago, Milwaukee,
St.
Paul & Pacific Railroad Ccmpan~TO THE ) and
DISPUTE ) Transportation-Cc:-muni cat ion Employees Union
QUESTIONS
AT ISSUE: 1. Do the time limit provisions set forth in
Article V of the National Agreement of
August 21, 1954 apply with respect to claims
presented prior to November 24, 1965?
2. Do time limits under Time Limit Rules start
. to run 30 days after November 24, 1965 with
respect to claims for compensation due to
individual employees?
OPINION
OF BOARD: On June 15, 1965, Claimant submitted a claim to the
Paymaster for the month of March, pursuant to Article IV,
Section 2. On August 6, 1965, the Paymaster declined
payment, advising Claimant that he was not the proper officer to
receive such claim. The claim was refiled with the Chief Dispatcher on August 18, and it was then declined on the grounds
that it was not timely presented. In January, 1966, that claim
was withdrawn and two days later another for March, 1965, was
again presented to the Chief Dispatcher.
According to the organization, the claim as finally
filed is timely since the time limits did not begin to run until
30 days after November 24, 1965. Carrier contends that the time
limits in the national agreement of August 21, 1954, are applicable to money claims; consequently the failure to file the claim
properly within 60 days of the occurrence thereafter barred it.
This issue has been before the Board on many occasions
and it was decided in Award No. 62 and subsequent awards. Page
18 of the Interpretations of November 24, 1965, specifically
AWARD No.j
Case No. TCU-29-11
,..:ruires that "individual claims for compensation... shall be
h~an0l;:d in accordance with the rules governing the handling
of claims and grievances, including time limit rules." Only
r.;o:.;sv claie;is whic:l
L.L2;o
involve an interpretation are said
"not to begin to run until 30 days after the interpretation
is rendered."
Since the claim in this case is solely a money claim
under Article IV, S;:ction 2, it should have been filed in accordance with the time limits set forth in the August 21, 1954
agreement.
A W A R D
_ The answer to Question No. 1 is Yes.
'The answer to Question No. 2 is No.
Milton Friedman
Neutral Member
Dated: July
69,
1971
Washington, D. C.
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