SPECIAL BOARD OF ADJUSTMENT N0. 310
The Order of Railroad Telegraphers
and
The Pennsylvania Railroad Company
STATEMENT OF CLAIM: "Claim of the General Committee of the O.R.T. that J.
Watson, Group 2 employe on the Southwestern Region, District No. 2, is entitled to allowance claimed for the following dates: Covering
period August 1 thru August 31, 1957 inclusive, for the reason that claims, as
shown on his time report, for the above period, were not properly denied by the
P.T.M.&S.O., Mr. Rathvon, inasmuch as he did not notify claimant, in his letter
dated September 27, 1957, of the reason for his decision of disallowance of said
claims, which is a necessary requirement imposed by the provisions of Article V -
Section 1-(a) of our Agreement of August 21, 1954." (Southwestern Region Case
No. 6-B - System Docket No. 516)
FINDINGS:
There are claims pro and con of procedural defects in this claim: (1) by
the Carrier that the claim was not presented to the Carrier's proper officer and
is, therefore, not a valid claim; (2) by the Organization that Carrier's proper
officer, when he finally received the claim, failed to give the reason for his
denial, as is required.
We believe, however, that the claim itself, whether handled or denied
properly or improperly, enroute did lapse when Organization waited 66 days beyond
the permissible 60 days to appeal from disallowance of the claim.
AWARD:
Claim denied.
Signed this 10th day of April, 1961.
/s/ E. A. Lynch
E. A. Lynch, Chairman
/s/ C. E. Alexander /s/ R. J. Woodman
C. E. Alexander, Carrier Member R. J. Woodman, Employe Member