AWARDS 114 - CLAIM NOT MADE WITHIN TIME LIMITS OF AGREEMENT

First Division Award No. 24134 (Fletcher)

"Carrier denied the Claim on the basis that it was untimely as well as on its merits. The parties' Time Limit Rule requires that:

"'All claims or grievances must be presented in writing by or on behalf of the employee or employees involved to the officer of the Company authorized to receive same, within sixty (60) days from the date of occurrence on which the claim or grievance is based.'

"It is obvious that this Claim was not filed within 60 days of the date of occurrence on which the claim is based. The language of the Time Limit Rule is clear.

"The position of Carrier is affirmed."

First Division Award No. 24261 (Meyers)

"This Board has reviewed the procedural argument raised by the Carrier and we find that this Claim must be dismissed because it was not appealed in the appropriate fashion required by Rule 66, as amended.

"On April 20, 1979, the parties entered into a memorandum of agreement which stated in Section (d):

"'If claim is to be appealed, such must be submitted in writing by the Local Chairman to the Superintendent within 60 days from the date of receipt of notice of disallowance from the Carrier. Failing to comply with this provision the claim will be barred . . . .'

"The record reveals that the Claim in this case was appealed on March 22, 1990, by someone who was an employee of the Carrier and not the Local Chairman. The claim was never appealed by the Local Chairman within the 60-day period. Consequently, this case must be dismissed on procedural grounds."