AWARD No. 16 -- ITEM No.
123
SPECIAL BOARD OF ADJUSTMENT No.
541
Brotherhood of Maintenance of Way Employes
and
Erie Lackawanna Railroad Company
STATEMENT OF CLAIM:
1. The Carrier violated the effective Agreement by failing to give
reasons for the disallowance of a claim filed by E. R. Overholt, truck -
driver, because a junior Assistance Foreman, C. E. Moser, worked on Section
', J
No.
6,
during the period April
16,
to
may
1,
1963,
inclusive.
2.
The Carrier now pay this claim., as presented, by Claimant E. R.
Overholt, in his letter of May
15, 1963,
addressed to Division Engineer
G. P. Morrissey.
FINDINGS:
The sole ground advanced by Petitioner for this claim is that one
of Carrier's grievance officers, a Division Engineer, failed to notify
the Organization of the reasons for the disallowance.
Article V of the National Agreement of August
21, 1954,
does prescribe that when any claim is disallowed, the Carrier shall notify the
claimant or his representative "in writing of the reasons for such disallowance. If not so notified, the claim or grievance should be allowed
as presented..."
In disallowing the present claim, the Division Engineer advised
Petitioner by letter that "We have studied this case and find no rule
violation. Therefore, your claim is denied." Under the decisions of
the National Railroad Adjustment Board, there is no doubt but that this
letter adequately satisfies the requirements of Article V. See, e. g.,
Third Division Awards 11208,
11231, 11441
and
12450.
The Division
Engineer advised the Organization of his reason for disallowing the
claim and nothing in Article V or any other applicable rule required
him to amplify that reason.
The claim will be denied.
AWARD:
Claim denied.
Dated at New York, N. Y., this 10th day of March,
1965.
~/ Harold M. Weston
HAROLD M. WESTON, REFEREE
/s/ Arthur J. Cuaningh~am
Lsi
R. A. Carroll
ORGANIZATION MEMBER CARRIER MEMBER
B 1