Docket CL-11307
Award No. 21
S°ECLAL HARD OF ADJUSTiIEENT N0. 374
Brotherhood of Railway and Steamship Clerks, Freight Handlers,
Express and Station Dnployes
and
THE PENNSYLVANIA RAIIROAD COMPANY
STATE'-LENT OF CLAIM:
System Docket 34 - New York Region Case 7-52 - "Claim of the System
Committee of the Brotherhood that:
(a) The Carrier violated the Rules Agreement, effective May 1,
1942, except as amended, particularly the Scone Rule and Rule 2-A-1,
when it required and permitted Group 2 Baggagemen, I. Johnson and
P. C. Harley, to perform duties accruing to Group 1 clerks in the
Baggage Department, Pennsylvania Station, New York, New York, former
New York Division, on tours 1 and 3, and failed to assign the work
by bulletin to Group 1 employes.
(b) The Claimants, J. J. Higgins and D. J. O'Shaughnessy, should
each be allowed eight hours pay a day, as a penalty, at the clerical
rate of pay, retroactive ninety days from September 14, 1951, and continuing until the violation is corrected."
FINDINGS:
This claim was instituted by Claimants September 14, 1951.
However, the claim as made was denied by Carriers Manager of Labor
Relations in a letter dated February 20, 1956. In fact, Organization's
Division Chairman in a letter to Carriers Division Superintendent dated
August 11, 1953 stated that "due to lack of cooperation on the part of my
representative, I am closing the file in the matter."
The Organization did not institute proceedings with the Third
Division National Railroad Adjustment, Board until April 16, 1959 - two
years and two months after its right to appeal had expired- It is barred
now.
AWARD:
Claim outlawed.
Signed this 12th day of December, 1961.
/s/ Edward A. Lynch
E. A. Lynch, Chairman
/s/ A. E.
Mir
/s/
LOA.
Seward
A. E. iyles, Carrier Member Seward, gaploye Member