parties: United Transportation Union .
 and
 1:orfolk and tiestern isilstay Cazpany
 Question at iSSVet "Did the Ur~;aniz.tion's request dated Deccntor 3, 1970,
 to estalli-.h a Putlic Law a.sd cazply with the rexuire
 nen'rs of the 'Time Limit on Clai.Zs Rule' as contained
 in the cur--ent UTU-E Schedule Agree.-gent?"
 l)iscusslonI The chronoloCy of events pertaining to this procedural

 dicIute is as folloxss

discrute sraz insticlly filed.

initially doclired the cla-ia..

Engine's dcclinvtion of cl=ft. On the sane date Ehployeca appealed to Sucer-

 interdent.



General 1·:a^a ~~-_ of the Cazrier.

doclined arczl.

Genoral ear -7or'a dcclin ticn.

anal Vice Fr^cidont a~d Ganorl 'r:anaZor.

rraffimed his initial dcn!-J. of apg~al of the claim.



          Jt= 25. 1970 - Orranization notified the Carrier that its de-


cision was not acceptable.,

            Dnc^ztrr 8. 1970 - The General. Chairsan of the Organization


wrote the Carrier's Vice President - Fersonnelt

          "Shia is to advise that United Transportation Union -.2, deli=es to estaL.ish a Srecial 11card of Adjustient under t,".e Rail·=y Labor Act as anended by Fublic Law U--4,;6. The United Tr-a_nsportation Union - B proposes the enclosed Ar-cenent to ce entered into for tho establishment of this special adjuzt.,ent board (Public Deli Eeard).


            The disputes to be resolved by the Public Lair Board are 1irted on Attact-ment 'A,' appended to the proposed Agreement." '


            Attachment "A" contained a list of 93 claLas citcd both lf,


Carrier and Org<-xrization file numbers.

            Dco:--,u r 15, I.^70 - The Vice -Pro-wident - Person.-al wzote to


the General Chai=;an statingz

            "rlease refer to your letter of December 8, 1970, File G-;T90, concernin, your desire to establish a Special Hoard of Adj=.tacat u:ider the Eailway Labor Act as amended by Public Law Loard 8~-X56.


            Ite a.'re agreeable to nesting with you on January 7e 1971e at

      ' 960 AM, in thi-a office to discuss tho clatas listed in your

            letter. however, it -,iuzt k understood that af--oaaent must

            be reached as to the establi_iz.ient of the board as srecified

            in iublic law C'_'.9-4_6p and No as to the specific cases which

            will be snbaltted to such boa71`d."


            D(c-n'r>r 1S. 1970 - The General Ctka?r.:can replied to Carrier's


Vice President - TTezzonnel as follows:

          "Eeferrin,-, to your letter dated Decanter 15, 1970s File Ft'- t;ISC - 70 - 10 tt1`erein you set Janva=^,i 7, 1971® 9:30 A;, as confcronce date and ti.-ie to discuss the alai.ms listed in our letter of Dsceaber 8, 1970.


            Flea:,, be advised that the limo and date is satisfactory to 1e."

      - PL(3 838


          - - 3 - Award No. i


Ja r·.~a-1 zj_1971 - Conference was held between Carrier and CxCan1zation repcccentatives. The Carrier infomed the General Chaiman that it was agreeablo to using the sang- agreement which the parties had, utilized for establishing an e:4lier public law board. The General Chairman Informed the Cattier that he would have to transuit the foxn of the proposal agreenent to the Grand Lo&7e in Cleve~.ynd for approval.
 In the course of this conference the Carries officers noted that. the clan in izsuc along- with other claims had been declined in June 1970 by the highest officer of'the Carrier and consequently these claims were "dead" under the Schedule Rule poriaining to Tine Uait on Claims.
 The Organization took issue with the Carrier's position, con-tond1nG th=t its Decenber 8: 19700 letter stopped the running of the ttmo liar its. Rhe parties ware not able to agree regarding this procedural issue.
 Fetrua =^i 3, 1971 - The General Chaim.an notified Cazxxier that the Cxand Lod8o had approved the proposed agreement for establishin the I1xblSc Last Board.
 Febrvaxy,F3. 227? ® Parties reached ar-r-real.ent as to which cases should to sub'itted to the public lax beard. It eras further agreed that tho inntant chin shoed be subil tted to a procedural neutral. for detterzination as to vhother it 'rz.3 teen handled properly under the Schedule Agreesent's Ti-AeLimit-on-Claus .Rule,
 Fc'-r<;^.ry?_3, 1M - The pa-rtieso ?y ;Joint letter to the I:ationa 7.
 t:ediation loz.-1, requested the undersi;;ned tzs certified a.:. the procedural neutrca.
 Leccnber?, 4_971 - The National Mediation Board cextifled the undersigned ..,s the Procedural Neutral Rember of this public law be=d.

                                              Pig 838


                          - 4. - Award ho. 1


              The Tine LL-3it on cl~.i.s Rule in issue in this case zt.tea

    in p.--is


              "(c) The procedure outlined in p~---..,oraphs (a) and (b) shall govern in erpeala taken to each succecdin_ officer. Decision by the hiFheut officer desi=^-tcd to handle claims and r r<evances shall b- final. and brrdinr. unless within

. siety czys after srritten notice of the decision of -id
              affcer he is notified 4-111 HzzitinZZ that hin decision is not

    ' r_.cccate-.i. All claad.:s or CO-ev=ces invol vd in a decision

            of tae hrhest officer sh.2l b:, bzrred n::a^es sri tizin six

            ncn the ~.-nz the &-its o° snAd officer's decicicn ._roceedinrs

            are insti tuted by the employee or his duly authorised reprc

            contative teforro a trib.ixl having jurisdic tlcn gu_- vuant to

            -law or acracnent of the claim or grievance involved ...."

            The respective positions of the Parties aret


              Orn_n5.za ti on _

              The Qrc~ni aation states that there was no undue delay by

    either party, c.nd that since it had filed its Notice on Decenber 8, 1970,

    for the estab?isl^--ient of a Public Law Board together with a list of the un

    resolved claius, a special. Ixaxd of adjustment was established under Public , .

    Law 89-45b. It rdds that xhon it proceeded in this manner it in,d satisfied _

    the contractual t!--e l4--fat:. Locauso it had filed the clabts with a tritunaa1

    having, juris.·Uction to hear the claims. The Organization also statos that

    when the CarTicx rr;lied on rece-3ber 15, 1970, to its Decenbor 8, 1970,

    fitter, s"~tinC, Chats

    "it :rill join in an AC,~eczont.establishing such a : calll" it s.^a.> concedirZ thzt the Oreeniz, anon hand instituted tinely nroccedinf's within the Ti,-ae Li11t on Clai,-As rule. The Crranisation also states that it did not rcqt:czt 2n extonsicn of the timo 12mits on the claias because it van not neces^s.L^y in view of its tiaely rcque st for the oatablistncnt of a public

                                            PL6 8,98


                                          Award Poe I


lax ion rdo which sto,-yd t':o rnzznir.- of the contractual tine liai ts.
 The OrL-anization states that the Awards of Public Lair Board Vo. 649 Public Lax E=d No, 251 and .Public Law Board 1:o. 274 have sustained the Or.,-pzi.tion's position an this tine knit gusstion.
            The Cr~zanization notes that the Carrier did not schedule 'a

conference on the pro=i nv cl, a.7s until January 7, 1973, which eras after the
 six nonih 1:oviod had passed, a.Zthou.-h it could have scheduled a conference
 earlier within the proscribed six-month period.
 Tho Gr~r.nization also states that while many elaina are listed for hcarinZ 1:efore puclic liar ^ j^, the records will she,,? that the vast majority of these clai:s are settled or withd==awn fY%3 the dockets of these public 1aa :~;~:3.^*, so t.`·.at this G-,-Canizat%cn has mrocesned only 33 cases since 1967 befoi- :uU-,c law boards, ox an average of eight eases a year. The GTCanization denzes that it has filed excessive nL.zater of claims b-fore pubic law boards$ a,rd it cd-:> that if the Carrier would not deny valid claims at the initial ela?n cofforence, there vrould be even lose claims filed before public Law bo=~.

                      C zTTi er

            The Ca_^r1cr denieo that the Organization's Letter of Doccaber

B, 1970, edvising of its desire to cstatlish a public lair board -ctcd to ;top
 the ru.-m-'r^ of tt-- cont_-ctjal tine li.its on claims. It states thz%t this
 action by the Qrzinization is only one part of what is required to stop the
 ruraiing of ti:-no 1? nits. The Carrier dircuuscs and analyses the criteria fez
 stoppinG t::o nrrx..iro of time 1.aits sot forth in Award of Public Lair Loarrd Yo.
 640 rxtd statca that these criteria were not met by the Organization in the

                        ' P L G 838


                          - 6 - A snard 11o. I


instant case. T?:e Carrier states that its Letter dated Decc.Y= 15, I$70, made i t clear. that it war. not a,-n,-tninC, to the establishment of the public lair board until both the form of the agreement and the specific cases to 2e submitted voce a4-reed upon. This agreeu:ent has not reached until after the eAx month re,,cd had rassod.
 The Carrier notes that it vas within its rights In cchedulin_ the danuri 71 IS71 q conference as it wrao within tho 30-day period prescribed .. by the Railway Bator Act. The Organization was not able to announco until February 3, 19(1, that the Grand Lod,-e had. apprroved the fort of the ACreecent.
 The Carrier stresses that tho scrie General: Char--t uhen eeehing to establish a srvcial boa.-d of adjustxent on this property on February 10'

 1 1970, s'rrroto to thj Carrier requestinm a 30-day extension "as ^-rovided for in
 the last sentcna^ of P.a~;raph (c) of the Time Limit on Clajas Rule." The
 Carrier adds that in view of the fact that the OrZ ssis tion found it neeeszzary
 to request an extension of tile in one Dcard to stop the rurnin; of tino limits,
 it is difficult to undcrvtand its position in this case.
            T'ho C=crier states that Confess did not Intend to dent=y the

Tire Limit on CLal-as Rul a by enaetinP. L. 89-X556, or to , -l lo:: either party
 unduly to d 1; f the handling of clams or grieNance3 trj this noxly enactod
 lc; islatioa. The Congxnssionil purpose in rrssin. the afcs-esaid lei.: la ton
 was to ranc:·a th^ back 10,; of cases and provide an expeditious n= .nz for h ::nd
 lirZ future wz-;a. The C=Lricr ohncrvoa that the 01r3anizattion . ^ j six ^cnt!m
 to proZress tt:o claL1s f ello'.in;; tho final Carrier decilratlon 'bat it --"d not
 do so. Ins tc :d tho Organization srU t ed u.itil the sixth month to rcqucot a
 public la-u t~.3 in order to stay the running of the Ume limit rule. To

                                            PLO 8 38


                          7 - Am:rd No. 1


Ferai t the ~r~.ni.^_a,tien to do so is giving it a blardc check to prolon; or delay proccctiixk3s indefinitely.
 The C=-Icr atatos that since the middle of 1967 when public law boards a:c=o onerattve the UTU i= viinitted 1603 claims for public law 2oaxd con-olden,t;on' or an aver3C'Yi in excess of 300 cases per year. The Ore^anization is a'lxa:ing the intent of the lam establishing public law beards .. and now the GxC^-^'-=tion is attcapting to ue the Law a.a a neana for dcstroyizk-, the Tine U.^zit on Claims Rule.

 Firdinys: The Eoarrd, upon the whole xocora and all the evidonco, finds
 tha.`c the cnployees arid Cex-Tier are Fmployceu and Carrier irith-in the aeanin
 of the Railsr<,,y Labor Act# as r~:,endedl that the Board. bas jurisAetion over the
 dicrmtoa and that the pa.=tics to the dispute were given due no"uco of ti:a
 hee-cdn thereon. _ .
 Tho hoard finds that the QrCanization's action in this case in seeking to csfiealsh a ;ubUc la:r board under P. b. E39-456 eras sufficient to halt the rv-nnin-, of the contractual Uric liv^iits on the pendinZ chin. The recover shoaa that the Crga,.2izwtion ticely rerved the Carrier on Dacaalor 3o 19709 a proposed Amom. ant , uhioh fora -Zrca-icnt both parties had utillaod in the p.;^.t in coh:blivixlrr, othea pu'rUc 2.^.w ta;:~.·d:.^,~ and mhich A=ciont era- nubscquently o_=od to by the jxxtios for ilie creation of the im-ullat public lair board. This I,-zrcc~:.^.nt also had anpendctl to it a list of ele=ly identifIc:1 claiRN. In liCht o° th13 cv1Cerzce of recore, the Picard n~.w^t conclucc that the Organication'a Doca-it-ca Fro 1970, Letter Put the C;-^Zior en tL:cly noi,ice that the OrZzr-i^--ation was roing to T·ocess the denied claims to final. arid Undinu adjudication boforo a cmpotont tribunal. This was sufficient to stop

                                            PL6 898


                        · - Award 7.o. 1


the running of tho t--:a Lit on clans rulo.
            It must be o1 ,awed that the cardinal differeneo sinich P. L.

89=:56 intrrcdluecd into rr3ovaanco adjudication in the railroad Industry wa
 tho eon-conmmN ~.:.n.1 c1=rent in estaol.whin ; machinery for the final and binding
 adj-adication of cllaims ea'd Crievmanees. Once +,he Orxy~-,mization, in good faith,.
 took the aoc: s;-ros Mich i t did heroin, the Carrier's consent or lack thoxeof could
 not stay the establis?=:ent of a. £rtrlic lav board under the statubto. The CTC^~ni.
 zation;aftor it initietvd the steps which it did, could proceed Tlzrther to re
 quest the ?aticn l Mediation Pvar1 to designate the Cerxier Board t.m.lxr, as .
 troll as the bout=,.,1 Kmbox. If the Carzier.protested any procodura3 .^..,-poet of
 the Foard'a o^e=utio:ND th=e Or&nsmtion could novo unilaterally to have the
 statutory rcc!isrc=y invoked `.,o Bottle any procedirrrvl ctisputoS. The Cor,;;~:a3?
 in en=ting P. u. C9-4560' apr.rently did not Wend that agroaaent by Loth
 pxr't"fes in interest I-.- a necoscrxy element or vsxatial component In executins
 the statutto--y schzmo envis-loned by the said leCis7.at1on, and once thp st tu
 to2j nachinery sr·,;z 3nvokod, the tine IL-alt on ca.a in rule eras stayed.
            Thl s ^^_.~.1 finds lacha~ in ncrit the Cwrri or's corrLontion that

the _ro;^~ascv~:zs estatlislmettt of ru D. 1 c law boards vitiates not only the "-t.=..7e
 li--at on claat:s r`,?^, b=ut also tmderlinos the ConL-xessional intent to expcc'ito
 the disposition of e:~stin~ bac;aoC-s of cases. For exxirlo, in the instczt
 case, once t,,-.c C~ ahizaticn has initiated the steps for es te.1-1i shin thin : c 0-1c
 ~:J lock t::e .C;__`iC= 1':.^.:a tl:o c~lltl=itf to have a rociie a~lyJ1ntcd i:'.d t::,'.'n
 to =Slue-t two thLG ti:'V"3=C%7C .?.t ho move with disnatch to h c=. ::1 doe=.CZC U i
 a a: ' l 0 dool:ofir:d claiau. The Cr&an-.;x-tron is not free any lo:3or, after ostab.23olhir; a public 9..u boa-.-~3, li stinu ec=Main caa4-ms, to them sit bad-, and do aothiry, ncro,
                                            P L'C3 838


                        - 9 - Atrard tio. 1 .


    e~ ho rs e· r~,i !.n < f L t.~ '! r

but n,.vert..,.lo.,~, h :vin,; .,to,.,. t.~,. r r_r1, o~ t o ti~.e J.~...,it ru~.o. .ho
 O=Cani^aticn has catablished canchincry which tho Cra=i or may put to Cood
 uso, if it is so inclircd or disposed, to achieve its objectives. The Uz,-ani
 zation has csta:olisbod =chinexy Which, if prop4rly and effectively utllizod,
 could also d12; ri sh and reduce, rather than increase, the backlog of e:dsttinC
 Claims^.

    . It is because o£ the s;sovs stated Findings that this raaxxl can-


not sustain the Carrier's position in this case.

 AN SVEHi The OrCaniz:tion's request dated Deosmbor 8, ?.990, to
 ostahlieh a Public La=r roardg did carply pith the xrqtdro
 aonts of the "Tao II_7its on C a-ims Aide" as contained
            in the ci.-..~^ent GTU-z Schmule Arre-,Ie_A:


            J^ oo.:;i~b,aberC, 1_CCe~a..rra. t:eutr.a.


                                                      ,


J R. k.y;:ror :,.-ipzJ LC:-tber T. tl. All('YJ.'.i~lcr "ie.^~1e r

                                        ~0.