Public Law Board No. 7599 Award No. 140
Page 2
The Organization contends that it and the Claimants are entitled to a default decision in their favor per Rule 24(b) of the Agreement.
The Claim in question was filed on July 28, 2022. It was denied by the Carrier by letter dated September 26, 2022. The Organization appealed by November 23, 2022 letter. A meeting/conference was held June 12, 2023 where both parties agreed the Claim would be progressed. That triggered the Carrier's obligation to comply with the 60-day time limit of Rule 24(b) to provide written reasons for denying the Claim. If not so notified, the Claim will be allowed per the rule.
The record does not show that the Carrier complied with the time limit. Therefore, the Claim must be allowed.
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AWARD: The Claim is sustained. The Carrier is directed to comply with this Award within thirty (30) days of the date shown below.
GeraldE.Wallin, Chairman and Neutral Member
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/JohnSchlismann Organization Member
Steve Napierkowski Carrier Member