CARRIER LIABILITY FOR CONTINUING CLAIMS EXPIRES WHEN CLAIM IS DENIED (148)

Second Division Award No. 12384 (Muessig)

"With respect to the amount of damages, the initial Claim dated February 12, 1990, did lack a degree of specificity and it was continuously amended as it was progressed on the property. Had there not been a time limit violation, the Carrier's contention that the Claim must be disallowed because it is not the same Claim filed by the Organization on the property would have been sustained. However, because we sustained the appeal because of the time limit violation, damages are required. We find that the time set forth in the initial Claim (2 hours and forty minutes pay for one electrician) is a reasonable settlement. The period of liability ceases on September 12, 1990 when the Carrier denied the Claim. (See, among other Awards, Second Division Awards 11621, 11187 and 10754).

Third Division Award No. 15443 (Dorsey)

"Petitioner moves that the Claim be allowed as presented on the grounds that the Carrier's highest officer failed to deny it, giving his reasons in writing, within 60 days plus an agreed-upon extension of 30 days, as required by Article V of the August 21, 1954 National Agreement. The appeal was received by the highest officer on January 8, 1962. This is the date from which the time limitation runs. See National Disputes Committee Decision No. 16. In computing the time limitation the day of receipt by the highest officer is not counted; but, the written denial must be in the hands of the organization not later than on the last day of the time period. The 90 days limitation in this case terminates on April 8, 1962. The General Chairman received the denial on April 9. Since this is a continuing Claim, we find that Carrier violated the Agreement, but its liability arising from the violation stopped on April 9, 1962. NDC Decision 16."

Third Division Award No. 29922 (Benn)

"National Disputes Committee Decision 16 and Awards following that Decision (see e.g., Third Division Awards 26213, 24269) govern this dispute. Under that line of authority, because of the untimely denial the Carrier is liable for the Claim as presented but only until the claim is denied - here, for the period May 8, 1987, through October 30, 1987. See Decision 16 ("The National Disputes Committee rules that receipt of the carrier's denial letter dated December 29, 1959 stopped the carrier's liability arising out of its failure to comply with Article V of the August 21, 1954 Agreement").

Third Division Award No. 29545 (Duffy)

"…The Organization filed the instant claim on January 29, 1990. After a timely denial by the Carrier, the Organization appealed the claim on March 30, 1990. The Carrier denied the claim on June 12, 1990, 62 days after the appeal.

Rule 26 of the Agreement reads in pertinent part as follows:

'(b) A claim or grievance denied in accordance with paragraph (a) shall be considered closed unless it is listed for discussion with the Manager-Labor Relations by the employee or his union representative within sixty (60) days after the date it was denied. A claim or grievance listed ten (10) days prior to the date of a scheduled meeting with the local committee will be placed on the docket for discussion at such meeting. When a claim or grievance is not allowed, the Manager-Labor Relations will so notify, in writing, whoever listed the claim or grievance (employee or his union

Third Division Award No. 18004 (Dugan)

"Inasmuch as the written letter of declination was not in the hands of the Organization not later than on the last day of the time period, then Carrier violated the Agreement in this instance. However, since the claim is a continuing claim and in view of NDC Decision 16, liability for damages on the part of the Carrier as a result of said violation ceased as of October 21, 1968, the date the Organization received Carrier's said letter of declination."

Fourth Division Award No. 4586 (Zusman)

"In the instant case the Claimant was not notified within 60 days as per Article 21. This interpretation of notification is consistent with recent Fourth Division Award 4477. As such, the Claim must be sustained and we cannot reach the merits. As a continuing Claim, the Carrier's liability ceased as per NDC Decision No. 16 on the date of receipt, i.e., on April 11, 1985."

Fourth Division Award No. 3615 (Twomey)

"After the decision of the National Disputes Committee of March 17, 1965 a clear pattern of decisions of this Board focused on the date a belated denial of a continuing claim was received by the Organization as the date on which the Carrier's liability for the continuing claim ceased. (See for example Third Division Awards 14502, 14603, 17667 and 17999). After the decisions of the National Disputes Committee, Third Division Award 15443 (Dorsey) stated:

'Petitioner moves that the Claim be allowed as presented on the grounds that the Carrier's highest officer failed to deny it, giving his reasons in writing, within 60 days plus an agreed-upon extension of 30 days, as required by Article V of the August 21, 1954 National Agreement. The appeal was received by the highest officer on January 8, 1962. This is the date from which the time limitation runs. See National Disputes Committee Decision No. 16. In Computing the time limitation the date of receipt by the highest officer is not counted; but, the written denial must be in the hands of the organization not later than on the last day of the time period. The 90 days limitation in this case terminated on April 8, 1962. the General Chairman received the denial on April 9. Since this is a continuing Claim, we find that Carrier violated the Agreement, but its liability arising from the violation stopped on April 9, 1962. NDC Decision 16."