PUBLIC LAW BOARD NO. 5418
Case No. 75 Award No. 75
Brotherhood of Maintenance of Way Employes
-and
Pan Am Railways
PARTIES
to
DISPUTE:
STATEMENT OF CLAIM:
Claim of Edward M. Grace for 9 overtime hours for
May 13, 2007, account not called for fire patrol.
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 claimant filed subject claim on June 18, 2007, and the Carrier never
responded to the claim until September 5, 2007. 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.
xWAItD.: hhe claim is sustained.
A. F. Lomanto
Carrier Member
Dated: °2!~'~goD
Francs Do ski
Neutr eemmb
B. A. Winter
Organization Member