1 f _ T.Y.

l·

' PUBLIC LAW BOARD NO. 457

TO THE DISPUTE:

PARTIES Louisville & Nashville Railroad Company . AWARD NO. 1

and

The United Transportation Union (T) CASE NO. 1

STATEMENT OF QUESTION SUBMITTED:f

Did the Notice served on August 7, 1969, pursuant to Secton 3, Second, of the Amended Railway Labor Act, to which was appended a list of cases captioned Attachment A and the supplemental list dated August 11, 1969, institute proceedings for final disposition of each case on the apended list?

FINDINGS:

On August 7, 1969, the Organization directed a letter to the

Carrier requesting the establishment of a Public Law Board under the

applicable provisions of the Railway Labor Act as amended and attached

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cases a vposzd _form, of agreemen and a:. .._~uc_ ~ t _ .. _ _ . whicil`1.t p1:G,poSed to pre6ent Lo Said Board idef1Llfylng one cases

by claim number_and a brief statement of the claim in each instance.

On August 11, 1969, the Organization directed a letter to the Carrier proposing the addition of one claim to be added to the docket before the proposed Public Law Board.

on or about October 6, 1969, the parties ente~'ed into an agreement establishing the Public Law Board.

As of August 7, 1969, no time limits had run out in connection with any of the claims proposed for presentation to the Public Law Board.

It is the contention of the Carrier that based upon past practice

on this property, all claims die under the time limit rules unless a

written submission has been made to the appropriate tribunal w`14- one

year from the date on which the claim was declined by the Carrier's

highest designated officer.

i

It is the position of the Organization that'its letter of August, 7, 1969, as supplemented by letter of August 11, 1969, requesting th.Le establishment of a Public Law Board and attaching thereto a list of the claims to be presented, constituted the commencement of proceedings

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before a tribunal having jurisdiction and tolled the running of any further time limits.

The question presented here has been previously considered by this Neutral and discussed at some length in a procedural award of Public Law Board No. 251, the Newburgh & South Shore Railway Company and U.T.U.(E). A copy of said award is attached hereto and by reference made a part hereof. For the reasons set forth therein, t:.e contentions of the Carrier cannot be sustained and the question presented herein must be answered in the affirmative.

AWARD:

The question presented is answered in the affirmative and Public Law Board No. 457 does have jurisdiction to hear and decide all of the cases listed.

. Paul D. Hanlon '

Chairaan r Neutral

Member

_. _ _ . __ _ . ~~ `J,,!^ /~ ,/_

' J P. Saunders, Employee Member

' R. . Poe, Carrier Member

Louisville, Kentucky

January 5 , 1971 ..