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 carrier authorized to receive same, within sixty (60) days from the date of the occurrence on which the claim or grievance is based. Should any such claim or grievance be disallowed, the company shall, within sixty (60) days from the date same is filed, notify whoever filed the claim or grievance (the employee or the employee’s duly accredited representative) in writing of the reasons for such disallowance. If not so notified, the claim or grievance shall be allowed as presented, but this shall not be considered as a precedent or waiver of the contentions of the company as to other similar claims or grievances. (b) If a disallowed claim or grievance is to be appealed, such appeal must be in writing and must be taken within sixty (60) days from receipt of notice of disallowance, and the representative of the company shall be notified in writing within that time 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 or grievances. It is understood, however, that the parties may, by agreement, at any stage of the handling of a claim or grievance on the property, extend the sixty (60) day period for either a decision or appeal, up to and including the highest officer of the company designated for that purpose. (c) The requirements outlined in paragraphs (a) and (b), pertaining to appeal by the employee and decision by the carrier, shall govern in appeals taken to each succeeding officer, except in cases of appeal from the decision of the highest officer designated by the company to handle such disputes. All claims or grievances involved in a decision by the highest designated officer shall be barred unless within nine (9) months from the date of said officer's decision, proceedings are instituted by the employee or the employee’s duly authorized representative before the appropriate division of the National Railroad Adjustment Board or a system, group or regional board of adjustment that has been agreed to by the parties hereto as provided in Section 3 Second of the Railway Labor Act. It is understood, however, that the parties may by agreement in any particular case extend the nine
Appears in 2 contracts
Samples: Working Agreement, Working Agreement
CLAIMS AND GRIEVANCES.
(a) a. All claims or and grievances must be presented in writing by or on behalf of the employee involved, to the officer of the carrier Carrier authorized to receive same, within sixty (60) 60 days from the date of the occurrence on which the claim or grievance is based. Should any such claim or grievance be disallowed, the company Carrier shall, within sixty (60) 60 days from the date same is filed, notify whoever filed the claim or grievance (the employee or the employee’s duly accredited his representative) in writing of the reasons for such disallowance. If not so notified, the claim or grievance shall be allowed as presented, but this shall not be considered as a precedent or waiver of the contentions of the company Carrier as to other similar claims or grievances.
(b) b. If a disallowed claim or grievance is to be appealed, such appeal must be in writing and must be taken within sixty (60) 60 days from receipt of notice of disallowance, disallowance and the representative of the company Carrier shall be notified in writing within that time 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 or grievances. It is understood, however, that the parties may, by agreement, at any stage time of the handling of a claim or grievance on the this property, extend the sixty (60) -day period for either a decision or appeal, up to and including the highest officer of the company Carrier designated for that purpose.
(c) c. The requirements outlined in paragraphs (a) paragraph a and (b), pertaining to appeal by the employee and decision by the carrierCarrier, shall govern in appeals taken to each succeeding officer, except in cases of appeal from the decision of the highest officer designated by the company Carrier to handle such disputes. All claims or grievances involved in a decision by the highest designated officer shall be barred barred, unless within nine (9) months from the date of said officer's decision, decision proceedings are instituted by the employee or the employee’s his duly authorized representative before the appropriate division of the National Railroad Adjustment Board or a system, group or regional board Board of adjustment Adjustment that has been agreed to by the parties hereto as provided in Section 3 3, Second of the Railway Labor Act. It is understood, however, that the parties may by agreement in any particular case extend the ninenine months period herein referred to.
d. A claim may be filed at any time for an alleged continuing violation of any Agreement and all rights of the Claimant or Claimants involved thereby shall, under this rule, be fully protected by the filing of one claim or grievance based thereon as long as such alleged violation, if found to be such, continues. However, no monetary claim shall be allowed retroactively for more than 60 days prior to the filing thereof. 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.
e. This rule recognizes the right of the Organization to file and prosecute claims and grievances for and on behalf of the employees they represent.
f. This rule is not intended to deny the right of the employees to use any other lawful action for the settlement of claims and grievances, providing such action is instituted within nine months of the date of the decision of the highest designated officer of the Carrier.
g. This rule shall not apply to requests for leniency.
h. Conference between local officials and local committees are to be held during regular working hours without loss of time to committeemen. Local supervisors will excuse local committeemen from duty to attend conferences with local officials under this rule.
i. Prior to assertion of grievances as herein provided, and while questions of grievances are pending, there will neither be a shutdown by the employer nor a suspension of work by the employees.
Appears in 1 contract
Samples: Collective Bargaining Agreement
CLAIMS AND GRIEVANCES.
(a) All claims or and grievances must be presented in writing by or on behalf of the employee involved, to the officer of the carrier Carrier authorized to receive same, within sixty (60) days from the date of the occurrence on which the claim or grievance is based. Should any such claim or grievance be disallowed, the company Carrier shall, within sixty (60) days from the date same is filed, notify whoever filed the claim or grievance (the employee or the employee’s duly accredited his representative) in writing of the reasons for such disallowance. If not so notified, the claim or grievance shall be allowed as presented, but this shall not be considered as a precedent or waiver of the contentions of the company Carrier as to other similar claims or grievances.
(b) If a disallowed claim or grievance is to be appealed, such appeal must be in writing and must be taken within sixty (60) days from receipt of notice of disallowance, disallowance and the representative of the company Carrier shall be notified in writing within that time 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 or grievances. It is understood, however, that the parties may, by agreement, at any stage of the handling of a claim or grievance on the property, extend the sixty (60) day period for either a decision or appeal, up to and including the highest officer of the company Carrier designated for that purpose.
(c) The requirements outlined in paragraphs (a) and (b), pertaining to appeal by the employee and decision by the carrierCarrier, shall govern in appeals taken to each succeeding officer, except in cases of appeal from the decision of the highest officer designated by the company Carrier to handle such disputes. All claims or grievances involved in a decision by the highest designated officer shall be barred barred, unless within nine (9) months from the date of said officer's decision, ’s decision proceedings are instituted by the employee or the employee’s his duly authorized representative before the appropriate division of the National Railroad Adjustment Board or a system, group or regional board Board of adjustment Adjustment that has been agreed to by the parties hereto as provided in Section 3 Second of the Railway Labor Act. It is understood, however, that the parties may by agreement in any particular case extend the ninenine month period herein referred to.
(d) A claim may be filed at any time for an alleged continuing violation of any agreement and all rights of the Claimant or Claimants involved thereby shall, under this rule, be fully protected by the filing of one claim or grievance based thereon as long as such alleged violation, if found to be such, continues. However, no monetary claim shall be allowed retroactively for more than sixty (60) days prior to the filing thereof. 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.
(e) This rule recognizes the right of representatives of the Organizations, parties hereto, to file and prosecute claims and grievances for and on behalf of the employees they represent.
(f) This agreement is not intended to deny the right of the employees the use of any other lawful action for the settlement of claims and grievances, provided such action is instituted within nine (9) months of the date of the decision of the highest designated officer of the Carrier.
(g) This rule shall not apply to requests for leniency.
(h) Conferences between local officials and local committees are to be held during regular working hours without loss of time to committeemen. Local supervisors will excuse local committeemen from duty to attend conferences with local officials under this rule.
(i) Prior to assertion of grievances as herein provided, and while questions of grievances are pending, there will neither be a shutdown by the employer nor a suspension of work by the employees.
Appears in 1 contract
Samples: Collective Bargaining Agreement
CLAIMS AND GRIEVANCES. (A) All claims or grievances shall be handled as follows:
(a1) All claims or grievances must be presented in writing by or on behalf of the employee involved, to the officer of the carrier Carrier authorized to receive same, same within sixty (60) days from the date of the occurrence on which the claim or grievance is based. Should any such claim or grievance be disallowed, the company Carrier shall, within sixty (60) days from the date same is filed, notify whoever filed the claim or grievance (the employee or the employee’s duly accredited his representative) in writing of the reasons for such disallowance. If not so notified, the claim or grievance shall be allowed as presented, but this shall not be considered as a precedent or waiver of the contentions of the company Carrier as to other similar claims or grievances.
(b2) If a disallowed claim or grievance is to be appealed, such appeal must be in writing and must be taken within sixty (60) days from receipt of notice of disallowance, and the representative of the company Carrier shall be notified in writing within that time 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 or grievances. It is understood, however, that the parties may, by agreement, at any stage of the handling of a claim or grievance on the property, extend the sixty (60) -day period for either a decision or appeal, up to and including the highest officer of the company Carrier designated for that purpose.
(c3) The requirements outlined in paragraphs (a1) and (b), 2) pertaining to appeal by the employee and decision by the carrierCarrier, shall govern in appeals taken to each succeeding officer, except in cases of appeal from the decision of the highest officer designated by the company Carrier to handle such disputes. All claims or grievances (including discipline) involved in a decision by the highest designated officer shall be barred unless within nine (9) months from the date of said officer's decision, decision proceedings are instituted by the employee or the employee’s his duly authorized representative before the appropriate division Division of the National Railroad Adjustment Board or a system, group or regional board Board of adjustment Adjustment that has been agreed to by the parties hereto as provided in Section 3 Second of the Railway Labor Act. It is understood, however, that the parties may by agreement in any particular case extend the ninenine (9) months period herein referred to.
(B) A claim may be filed at any time for alleged continuing violation of any agreement and all rights of the claimant or claimants involved thereby shall, under this Rule, be fully protected by the filing of one claim or grievance based thereon as long as such alleged violation, if found to be such, continues. However, no monetary claim shall be allowed retroactively for more than sixty (60) days prior to the filing thereof. 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.
(C) 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.
(D) This Agreement is not intended to deny the right of the employees to use any other lawful action for the settlement of claims or grievances provided such action is instituted within nine (9) months of the date of the decision of the highest designated officer of the Carrier.
(E) Prior to the assertion of grievances as herein provided, and while questions of grievances are pending, there will neither be a shut down by the Carrier nor a suspension of work by the employees.
(F) All conferences between local officials and local committees to be held during regular working hours without loss of time to committeemen, except when committeemen are required to leave home point.
Appears in 1 contract
Samples: Collective Bargaining Agreement
CLAIMS AND GRIEVANCES.
(a) a. All claims or and grievances must be presented in writing by or on behalf of the employee involved, . to the officer of the carrier Carrier authorized to receive same, within sixty (60) 60 days from the date of the occurrence on which the claim or grievance is based. Should any such claim or grievance be disallowed, the company Carrier shall, . within sixty (60) 60 days from the date same is filed, notify whoever filed the claim or grievance (the employee or the employee’s duly accredited his representative) in writing of the reasons for such disallowance. If not so notified, the claim or grievance shall be allowed as presented, but this shall not be considered as a precedent or waiver of the contentions of the company Carrier as to other similar claims or grievances.
(b) b. If a disallowed claim or grievance is to be appealed, such appeal must be in writing and must be taken within sixty (60) 60 days from receipt of notice of disallowance, disallowance and the representative of the company Carrier shall be notified in writing within that time 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 or grievances. It is understood, however, . that the parties may, by agreement, at any stage time of the handling of a claim or grievance on the this property, extend the sixty (60) -day period for either a decision or appeal, up to and including the highest officer of the company Carrier designated for that purpose.
(c) c. The requirements outlined in paragraphs (a) paragraph a and (b), pertaining to appeal by the employee and decision by the carrierCarrier, shall govern in appeals taken to each succeeding officer, except in cases of appeal from the decision of the highest officer designated by the company Carrier to handle such disputes. All claims or grievances involved in a decision by the highest designated officer shall be barred barred, unless within nine (9) months from the date of said officer's decision, decision proceedings are instituted by the employee or the employee’s his duly authorized representative before the appropriate division of the National Railroad Adjustment Board or a system, group or regional board Board of adjustment Adjustment that has been agreed to by the parties hereto as provided in Section 3 3, Second of the Railway Labor Act. It is understood, however, that the parties may by agreement in any particular case extend the ninenine months period herein referred to.
d. A claim may be filed at any time for an alleged continuing violation of any Agreement and all rights of the Claimant or Claimants involved thereby shall, under this rule, be fully protected by the filing of one claim or grievance based thereon as long as such alleged violation, if found to be such, continues. However, no monetary claim shall be allowed retroactively for more than 60 days prior to the filing thereof. 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.
e. This rule recognizes the right of the Organization to file and prosecute claims and grievances for and on behalf of the employees they represent.
f. This rule is not intended to deny the right of the employees to use any other lawful action for the settlement of claims and grievances, providing such action is instituted within nine months of the date of the decision of the highest designated officer of the Carrier.
g. This rule shall not apply to requests for leniency.
h. Conference between local officials and local committees are to be held during regular working hours without loss of time to committeemen. Local supervisors will excuse local committeemen from duty to attend conferences with local officials under this rule.
i. Prior to assertion of grievances as herein provided, and while questions of grievances are pending, there will neither be a shutdown by the employer nor a suspension of work by the employees.
Appears in 1 contract
Samples: Labor Agreement
CLAIMS AND GRIEVANCES.
(a) 14.1 All claims or and grievances must be presented in writing by or on behalf of the employee involved, to the officer of the carrier authorized Company designated to receive samethem, within sixty (60) thirty calendar days from the date of the occurrence on which the claim or grievance is based. Should any such claim or grievance be he disallowed, the company Company shall, within sixty (60) thirty calendar days from the date same it is filedpresented, notify whoever filed the claim or grievance (the employee or the employee’s duly accredited representative) in writing his representative of the reasons reason(s) for such disallowance. If not so notified, the claim or and grievance shall be allowed as presentedconsidered valid and settled accordingly, but this shall not be considered as a precedent or waiver of the contentions of the company Company as to other similar claims or and grievances.
(b) 14.2 If a disallowed claim or and grievance is to be appealed, such appeal must be in writing and must be taken to the highest designated officer of the Company within sixty thirty (6030) calendar days from the receipt of notice of disallowance. In all cases, and the representative of the company Company shall be notified in writing within that time this thirty day period 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 employee(s) as to other similar claims or and grievances. It is understood, however, that the parties may, may by written agreement, at any stage of the handling of a claim or and grievance on the property, extend the sixty thirty (6030) calendar day period for either a decision or appeal, up to and including the highest officer of final appeal on the company designated for that purposeproperty.
(c) 14.3 The requirements procedure outlined in paragraphs (a) and (b), ) pertaining to appeal by the employee and decision by the carrier, Company shall govern in appeals taken to each succeeding officer, officer except in cases of appeal from the decision of the highest officer designated by the company Company to handle such disputes. All claims or and grievances involved in a decision by the highest designated officer shall be barred unless unless, within nine (9) six months from the date of said officer's ’s decision, proceedings are instituted by the employee or the employee’s his duly authorized representative before the appropriate division of the National Railroad Adjustment Board or a system, group or regional board of adjustment that has been agreed to by the parties hereto as provided in Section 3 153 Second of the Railway Labor Act. It it is understood, however, that the parties may by written agreement in any particular case extend the ninesix month period referred to in this paragraph.
14.4 A claim may be filed at any time for an alleged continuing violation of any provision of this Agreement and all rights of the claimant(s) shall, under this rule, be fully protected by the filing of one claim and grievance based thereon, as long as such alleged violation, if found to he such, continues. However, no monetary claim shall be allowed retroactively for more than thirty (30) calendar days prior to the filing thereof. 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.
14.5 Representatives of the organization may file and prosecute claims and grievances for and on behalf of the employees it represents. This rule does not obligate the Company to refuse permission to an individual employee to present his own grievance. The effect of this rule in such a case is to require that the General Chairman or his designee be permitted to be a party to all, conferences, negotiations, or hearings between the grievant and the representative(s) of the Company.
14.6 This Article shall not apply to requests for leniency.
14.7 The Company will designate the officers authorized to receive claims and grievances and to hear any appea.1 of claims and grievances under this Article by written notice to the General Chairman but in no event shall the Company require that an appeal be made to the same officer over whose name the decision was rendered.
Appears in 1 contract
Samples: Collective Bargaining Agreement
CLAIMS AND GRIEVANCES.
(aA) All claims or grievances must be presented in writing by or on behalf of the employee involved, involved to the officer of the carrier authorized to receive sameGeneral Manager, or his/her designee, within sixty (60) calendar days from the date of the occurrence on which the claim or grievance is based. Should any such claim or grievance be disallowed, the company Carrier shall, within sixty (60) calendar days from the date same is filed, notify whoever filed the claim or grievance (the employee or the employee’s his duly accredited representative) in writing of the reasons for such disallowance. If not so notified, the claim or grievance shall be allowed as presented, but this shall not be considered as a precedent or waiver of the contentions of the company Carrier as to other similar claims or grievances.
(bB) If a disallowed claim or grievance is to be appealed, such appeal must be in writing and must be taken within sixty sixth (60) days from receipt of notice of disallowance, and disallowance to the representative of the company shall be notified in writing within that time of the rejection of his decisionRegional Vice President for handling appeals. 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 employee as to other similar claims or grievances. Should any such claim or grievance be disallowed on appeal, the highest designated Company officer for handling appeals shall, within sixty (60) days from the date same is filed, notify whoever filed the claim or grievance (the employee or his duly accredited representative) in writing of the reasons for such disallowance. If not so notified, the claim or grievance shall be allowed as presented, but this shall not be considered as a precedent or waiver of the contentions of the Company as to other similar claims or grievances. It is understood, however, that the parties may, by agreement, at any stage of the handling of a claim or grievance on the property, extend the sixty (60) day period for either a decision or appeal, up to and including the highest officer of the company designated for that purpose.
(cC) The requirements outlined in paragraphs (a) and (b), pertaining to appeal by the employee and decision by the carrier, shall govern in appeals taken to each succeeding officer, except in cases of appeal from the decision of the highest officer designated by the company to handle such disputes. All claims or grievances involved in a decision by the highest designated officer shall be barred unless unless, within nine (9) calendar months from the date of said officer's decision, decision proceedings are instituted by the employee or the employee’s his duly authorized representative before the appropriate division of the National Railroad Adjustment Board or a system, group or regional system board of adjustment that has been agreed to by the parties hereto as provided in Section 3 Second 3, Second, of the Railway Labor Act. It is understood, however, that the parties may by agreement in any particular case extend the ninenine (9) calendar months' period herein referred to.
(D) A claim may be filed at any time for an alleged continuing violation of any agreement and all rights of the claimant or claimants involved thereby shall, under this rule, be fully protected by the filing of one claim or grievance based thereon as long as such alleged violation, is found to be such, continues. However, no monetary claim shall be allowed retroactively for more than sixty (60) calendar days prior to the filing thereof. 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.
(E) This rule recognizes the right of representatives of the Organization, party hereto, to file and prosecute claims and grievances for and on behalf of the employee it represents.
Appears in 1 contract
Samples: Collective Bargaining Agreement
CLAIMS AND GRIEVANCES.
(a) 24.1 All claims or grievances must be presented in writing by or on behalf of the employee involved, to the officer of the carrier Carrier authorized to receive same, within sixty (60) days from the date of the occurrence on which the claim or grievance is based. Should any such claim or grievance be disallowed, the company Carrier shall, within sixty (60) days from the date same is filed, notify whoever filed the claim or grievance (the employee or the employee’s duly accredited his representative) in writing of the reasons for such disallowance. If not so notified, the claim or grievance shall be allowed as presented, but this shall not be considered as a precedent or waiver of the contentions of the company Carrier as to other similar claims or grievances.
(b) 24.2 If a disallowed claim or grievance is to be appealed, such appeal must be in writing and must be taken within sixty (60) 60 days from receipt of notice of disallowance, and the representative of the company Carrier shall be notified in writing within that time 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 or grievances. It is understood, however, that the parties may, by agreement, at any stage of the handling of a claim or grievance on the property, extend the sixty (60) -day period for either a decision or appeal, up to and including the highest officer of the company Carrier designated for that purpose.
(c) 24.3 The requirements outlined in paragraphs (a) Rules 24.1 and (b), 24.2 pertaining to appeal by the employee and decision by the carrierCarrier, shall govern in appeals taken to each succeeding officer, except in cases of appeal from the decision of the highest officer designated by the company Carrier to handle such disputes. .
24.4 Appeals to designated Carrier officers will be handled as follows: Rule 24.1: Employee or duly authorized representative to designated Carrier Officer Rule 24.2: Employee or General Chairman to the highest designated Carrier Officer.
24.5 All claims or grievances involved in a decision by the highest designated officer shall be barred unless within nine (9) months from the date of said officer's decision, decision proceedings are instituted by the employee or the employee’s his duly authorized representative before the appropriate division of the National Railroad Adjustment Board or a system, group or regional board Board of adjustment Adjustment that has been agreed to by the parties hereto as provided in Section 3 Second of the Railway Labor Act. It is understood, however, that the parties may by agreement agreement, in any particular case extend the ninenine (9) months’ period herein referred to.
24.6 A claim may be filed at any time for an alleged continuing violation of any agreement and all rights of the claimant or claimants involved thereby shall, under this Rule, be fully protected by the filing of one claim or grievance based thereon as long as such alleged violation, if found to be such, continues. However, no monetary claim shall be allowed retroactively for more than sixty (60) days prior to the filing thereof. 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.
24.7 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.
24.8 This Rule is not intended to deny the right of the employees to use any other lawful action for the settlement of claims or grievances provided such action is instituted within nine (9) months of the date of the decision of the highest designated officer of the Carrier.
24.9 This rule shall not apply to request for leniency.
24.10 All conferences pursuant to this Rule 24 between Company Officials and Union Representatives to be held by appointment without loss of time to Union Representatives.
24.11 The Company will not discriminate against any employees who, as Union Representatives, from time to time represents other employees and will grant them leave of absence when delegated to represent other employees.
24.12 When postal services are used, the official postmark date will govern in determining compliance with the various time limits in this Rule.
Appears in 1 contract
Samples: Collective Agreement
CLAIMS AND GRIEVANCES.
(a) All claims or grievances must be presented in writing or electronically via email by the employee or by the Organization, on behalf of the employee involved, to the officer of the carrier Company authorized to receive same, same within sixty thirty (6030) days from the date of the occurrence on which the claim or grievance is based. Should any such claim or grievance be disallowed, the company Company shall, within sixty thirty (6030) days from the date same is filed, notify whoever filed the claim or grievance (the employee or the employee’s duly accredited his representative) in writing of the reasons for such disallowance. The Organization is included in this correspondence provided the employee elected union representation as outlined in Rule 12. If not so notified, the claim or grievance shall be allowed as presented, but this shall not be considered as a precedent or waiver of the contentions of the company Company as to other similar claims or grievances. The Company and the Organization agree to establish a set of procedures to electronically transmit claims and grievances.
(b) If a disallowed claim or grievance is to be appealed, such appeal must be in writing and must be taken within sixty thirty (6030) days from receipt of notice of disallowance, disallowance and the representative representa- tive of the company Company shall be notified in writing within that time of the rejection of his decision. Failing to comply with this the 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 or grievances. It is understood, however, that the parties may, by agreement, at any stage of the handling of a claim or grievance on the property, extend the sixty thirty (6030) day period for either a decision or appeal, up to and including the highest officer of the company Company designated for that purpose.
(c) The requirements outlined in paragraphs (a) and (b), ) pertaining to appeal by the employee and decision by the carrier, Company shall govern in appeals taken to each succeeding officer, except in cases of appeal from the decision of the highest officer designated by the company Company to handle such disputes. All claims or grievances involved in a decision by the highest designated officer shall be barred unless within nine (9) months from the date of said officer's decision, ’s decision proceedings are instituted by the employee or the employee’s his duly authorized representative before the appropriate division of the National Railroad Adjustment Board Board, a special board of adjustment, or a system, group group, or regional board of adjustment that has been agreed to by the parties hereto as provided in Section 3 Second 3, Second, of the Railway Labor Act. It is understood, however, that the parties may by agreement in any particular case extend the ninenine- (9) month period herein referred to.
(d) A claim may be filed at any time for an alleged continuing violation of any agreement and all rights of the claimant or claimants involved thereby shall, under this rule, be fully protected by the filing of one (1) claim or grievance based thereon as long as such alleged violation, if found to be such, continues. However, no monetary claim shall be allowed retroac- tively for more than sixty (60) days prior to the filing thereof. 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.
(e) This rule recognizes the right of representatives of the Organization party hereto to file and prosecute claims and grievances for and on behalf of the employees represented.
(f) This agreement is not intended to deny the right of the employees to use any other lawful action for the settlement of claims or grievances, provided such action is instituted within nine (9) months of the date of the decision of the highest designated officer of the Carrier.
(g) This rule shall not apply to requests for leniency.
(h) All conferences between the local officials and the local committee will be held during regular working hours without loss of time to the committeemen.
(i) The Carrier will not in any way discriminate against employees, or any committee of employees, who are from time to time selected to represent their respective crafts.
(j) Prior to assertion of grievances as herein provided and while questions of grievances are pending, there will neither be a shutdown by the employer nor a suspension of work by the employees.
(a) Basis of pay on all jobs or assignments will be on an hourly rate, eight (8) hours, excluding meal period where granted, constituting a day’s work, except as otherwise specifically provided in this agreement. Work in excess of eight (8) hours in one (1) tour of duty on each day or regular assignment, or in extra service, will be paid for at time and one-half rate.
(b) Regular assignments will be on a five (5) - or six (6) - day workweek basis in accor- dance with the requirements of the service. Rest days will be consecutive as conditions permit.
Appears in 1 contract
Samples: Collective Bargaining Agreement