PUBLIC LAW BOARD NO. 5418

Case No. 74 Award No. 74

PARTIES Brotherhood of Maintenance of Way Employes
to -and
DISPUTE: Pan Am Railways

STATEMENT OF CLAIM:

Claim of William Murphy for 13 & 15 '/2 hours on March 17 & 18, 2007 respectively, account junior Employees' called for snow duty.

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 claimed, the claimant will be so 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."

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

Date Grievance Occurred Hours claimed Date Grievance Filed Date of Carrier's Response

3-17-2007 13 3-26-2007 9-5-2007

3-18-2007 15 '/2 3-26-2007 No response

Based on 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 on the time limit violation, the claim is sustained.

The Carrier is directed to implement the Award within 30 days of receipt.
PLB No. 5418 C-74JA-74
Page 2
AWARD: The claim is sustained.
Fr ' s J. Do lski
Ne ral Me r
A. F. Lomanto B. A. Vii ter
Carrier Member Organization Member

Dated: