System Docket No. CRE-1813-2

Division Case Nos. 2030301155 and 105 others BLE File Nos. DEFG-E-36-260-94 and 281-260-93

"Claims of Engineer D.L. Blackmon for an 8-hour day, between August 17, 1992 to January 19, 1993 (inclusive); plus 9 hours and 84 miles on January 6, 1993."

"Claims of Engineer D.L. Blackmon for payment of 8-hour penalty for not being permitted to exercise seniority as a reserve engineer on January 1, 1993."

Upon the whole record and all evidence after the June 18, 1997 hearing in the Carrier's office, Philadelphia, Pennsylvania, and study of post-hearing submissions received on or before June 18, 1997 the Board finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, and that this Board is duly constituted by agreement and has jurisdiction of the parties, and the subject matter.

There are procedural questions before this Board.

The Carrier states that the Claims filed are untimely. This argument is dismissed based on the language in Article G-M-B Time Limit on Claims.

(b) If a claimant is absent because of sickness, temporary disability, leave of absence, vacation or suspension, the 60 day time limit shall be extended by the number of days the Claimant is absent.

The second procedural matter deals with Article G-M-13 Physical Disqualification.

(a) When an engineer has been physically disqualified he shall be furnished a copy of the medical report containing the reason for:disqualification.

The evidence and documentation heard before the Board makes clear that the Carrier's Medical Department failed to provide the Claimant with the required medical report of his disqualification. The Carrier's failure to follow this procedure is a fatal flaw and cannot be overlooked or denied.

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