RULE 82: TIME LIMIT ON CLAIMS AND GRIEVANCES

* NOTE: ABROGATED BY 2005 SYSTEM AGREEMENT: http://www.railgc.com/union/doc/trainman-yardman-time-claim/subpage100748.html

RULE 82 -  

TIME LIMIT ON CLAIMS AND GRIEVANCES

(a) All claims or grievances must be presented in writing by or on behalf of the employee involved to the officer of the Company authorized to receive sage within sixty days from the date of the occurrence on which the claim or grievance is based. Should any such claim or grievance be disallowed, the Carrier shall, within sixty days from the date same is filed, notify the employee or his representative in writing the reasons for such disallowance. If not so notified, the claim or grievance shall be considered valid and settled accordingly, but this shall not be considered as a precedent or waiver of the contentions of the Carrier as to other similar claims or grievances.

(b) If a disallowed claim or grievance is to be appealed, such appeal must be taken within ninety days from receipt of notice of disallowance, and the representative of the Carrier shall be notified of the rejection of his decision. Failing to comply with this provision, the matter shall be considered closed, but this shall not be considered as a precedent or waiver of the contentions of the employees as to other similar claims and grievances.

(c) If a claim or grievance appealed under paragraph (b) is to be rejected; the decision of the Carrier disallowing the claim must be rendered within ninety days from receipt of appeal. If not so rendered, the claim shall be considered valid and settled accordingly but this shall not constitute a precedent or waiver of the contentions of the Company as to other similar claims.

(d) The procedure outlined in paragraphs (b) and (c) will govern in appeals taken to each succeeding officer. Decision by the highest officer designated to handle claims and grievances shall be final and binding unless within ninety days after written notice of the decision of said officer he is notified in writing that his decision is not accepted. All claims or grievances involved in a decision of the highest officer shall be barred unless within one year from the date of said officer's decision proceedings are instituted by the employee or his duly authorized representative before a tribunal having jurisdiction pursuant to law or agreement of the claim or grievance involved. It is understood, however, that the parties may by agreement in any particular case extend the one - year period herein referred to.

(e) With respect to claims and grievances appealed to the Director of Labor Relations under paragraph (d), the decision of the Director of Labor Relations shall, as indicated, be rendered within ninety days unless conference is desired by him or the General Chairman, in which event decision shall be rendered within ninety days from date of conference. Decision of the Director of Labor Relations shall be final and binding unless within ninety days after written notice of his decision he is notified that his decision is not accepted.

(f) All rights of a claimant involved in continuing alleged violations of agreement shall, under this rule, be fully protected by continuing to file a claim or grievance for each occurrence (or tour of duty) up to the time when such claim or grievance is disallowed by the first officer of the Carrier. With respect to claims and grievances involving an employee held out of service in discipline cases, the original notice of request for reinstatement with pay for time lost shall be sufficient.

(g) This rule recognizes the right of representatives of the Organization to file and prosecute claims and grievances for and on behalf of the employees they represent.

(h) This rule shall not apply to requests for leniency.

(i) When payment is made on claims appealed the employee shall be notified thereof.