PUBLIC LAW BOARD NO. 5418

Case No. 73 Award No. 73

Brotherhood of Maintenance of Way Employes

-and

Pan Am Railways

to

DISPUTE:

STATEMENT OF CLAIM:

Claim for S. M. Chabot, for the following hours and dates, account junior employees called for snow duty:

March 16, 2007 - 13 '/2 Overtime Hours

~~17s " - 13

" 44

18, " - 15 %2 "

FINDINGS: The record presents a procedural issue as a threshold matter. The Organization
asserts the Carrier violated Article 25.3 of the Scheduled Agreement by failing to comply with
the time limits specified therein.

Article 25.3 is quoted as follows:

"When a claim for compensation alleged to be due is not allowed, or should

payment be made for less than the full amount claimant, the claimant will

so be informed in writing within sixty (60) days from the date the claim

is received. If claimant is not so notified, the claim will be allowed, but

such payment will not validate any other such claim nor will such payment

establish any precedent." (Emphasis added)

The record shows that the instant claims were handled in the following manner:

Date Grievance Occurred Hours Claimed Date Grievance

3-16-2007
3-17-2007
3-18-2007

13 ''/2
13
15 %z

4-14-2007

Carrier's Response

9-5-2007
No Response
9-5-2007

Based an the undisputed record that shows the Carrier clearly violated the time limit provisions of Article 25.3, the Board deems this case to be procedurally defective. Therefore, based solely an the time limit violations, the claim is sustained.
PLB No. 5418 C-73lA-73
Page 2

The Carrier is directed to implement the Award within 30 days of receipt.

AWARD: The claim is sustained.

A. F. Lomanto
Carrier Member

Dated:

Fr J. Do ski
N u al Merr

B. A. W'nter
Organization Member