Common use of Time Limit on Claims Clause in Contracts

Time Limit on Claims. A. All claims or grievances must be presented in writing by or on behalf of the employe involved, to the officer of the Carrier authorized to receive same, within 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 carrier shall, within 60 days from the date same is filed, notify whoever filed the claim or grievance (the employe or 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 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 60 days from receipt of notice of disallowance, and the representative of the 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 employes 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 60-day period for either a decision or appeal, up to and including the highest officer of the Carrier designated for that purpose. C. The requirements outlined in paragraphs A and B, pertaining to appeal by the employe 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 Carrier to handle such disputes. All claims or grievances involved in a decision by the highest designated officer shall be barred unless within 9 months from the date of said officer's decision proceedings are instituted by the employe or 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 Second of the Railway Labor Act. It is understood, however, that the parties may by agreement in any particular case extend the 9 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 employe 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 employes it represents. F. This agreement is not intended to deny the right of the employes to use any other lawful action for the settlement of claims or grievances provided such action is instituted within 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.

Time Limit on Claims. A. (a) All claims or grievances must be presented in writing by or on behalf of the employe employee involved, to the officer of the Carrier carrier authorized to receive same, within 60 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 carrier Company shall, within 60 sixty (60) days from the date same is filed, notify whoever filed the claim or grievance (the employe 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 Carrier Company 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 60 sixty (60) days from receipt of notice of disallowance, and the representative of the Carrier 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 employes employee 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 60sixty-day period for either a decision or appeal, appeal up to and including the highest officer of the Carrier Company designated for that purpose. C. (c) The requirements outlined in paragraphs A Paragraphs (a) and B(b), pertaining to appeal by the employe 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 Carrier Company to handle such disputes. All claims or grievances involved in a decision by the highest designated officer shall be barred unless within 9 nine (9) months from the date of said officer's decision ’s decision, proceedings are instituted by the employe employee or 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 Second of the Railway Labor Act. It is understood, however, that the parties may by agreement in any particular case extend the 9 months' nine (9) month period herein referred to. D. (d) A claim may be filed at any time for an alleged continuing violation of any agreement 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 sixty (60) days prior to the filing thereof. With respect to claims and or grievances involving an employe employee held out of service in discipline disciplinary cases, the original notice of request for reinstatement with pay for time lost shall be sufficient. E. (e) This rule recognizes the right of representatives of the Organization, party hereto, Brotherhood to file and prosecute claims and or grievances for and on behalf of the employes employees it represents. F. (f) This agreement Agreement is not intended to deny the right of the employes employees to use any other lawful action for the settlement of claims or grievances provided such action is instituted within 9 nine (9) months of the date of the decision of the highest designated officer of the CarrierCompany. G. (g) Discipline imposed and agreed to in accordance with Rule 30(a) of this rule shall be final with no right of appeal. (h) This rule shall not apply to requests for leniency. (i) The time limit provision specified in this rule may be extended by agreement between the parties.

Time Limit on Claims. A. All claims or grievance arising on and after November 1, 1948 shall be handled as follows: (A) All claims or grievances must be presented in writing by or on behalf of the employe employee involved, to the officer of the Carrier company authorized to receive same, within 60 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 60 sixty days from the date same is filed, notify whoever filed the claim or grievance (the employe employee or his representative) in writing representative of the reasons for such disallowance. If not so notified, the claim or 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 Carrier carrier as to other similar claims or grievances.grievances.‌‌‌‌‌ B. (B) If a disallowed claim or grievance is to be appealed, such appeal must be in writing and must be taken within 60 sixty days from receipt of notice of disallowance, and the representative of the Carrier 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 employes 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 60-day period for either a decision or appeal, up to and including the highest officer of the Carrier designated for that purpose. C. The requirements outlined in paragraphs A and B, pertaining to appeal by the employe 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 Carrier to handle such disputes. (C) All claims or grievances involved in a decision by or the highest designated officer shall be barred unless within 9 12 months from the date of said officer's decision proceedings are instituted by the employe employee or his duly authorized representative before the appropriate division a tribunal having jurisdiction pursuant to law or agreement of the National Railroad Adjustment Board claim 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 Actgrievance involved. It is understood, however, that the parties may by agreement byagreement in any particular case extend the 9 12 months' period herein referred to. D. A claim may be filed at any time for an alleged continuing violation of any agreement and all (D) All rights of the a claimant or claimants involved thereby in continuing alleged violations of agreement shall, under this rule, be fully protected by the filing of one continuing to file a 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 each occurrence (or tour of duty) up to the filing thereoftime when such claim or grievance is disallowed by the first officer of the carrier. With respect to claims and grievances involving an employe employee held out of service in discipline cases, the original notice of request for reinstatement with pay for time lost shall be sufficient. E. (E) This rule recognizes the right of representatives of the Organization, party hereto, organizations parties hereto to file and prosecute claims and grievances for and on behalf of the employes it representsemployees they represent. F. This agreement is not intended to deny the right of the employes to use any other lawful action for the settlement of claims or grievances provided such action is instituted within 9 months of the date of the decision of the highest designated officer of the Carrier. G. (F) This rule shall not apply to requests for leniency. NOTE 1: Shortages of five dollars ($5.00) or over not due to neglect or omission of engineers shall be paid at once.

Time Limit on Claims. A. All claim or grievances arising on and after November 1, 1948 shall be handled as follows: (a) All claims or grievances must be presented in writing by or on behalf of the employe employee involved, to the officer of the Carrier company authorized to receive same, within 60 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 60 sixty days from the date same is filed, notify whoever filed the claim or grievance (the employe employee or his representative) in writing representative of the reasons for such disallowance. If not so notified, the claim or grievance shall shal1 be allowed as presentedconsidered valid and settled accordingly, but this shall not be considered as a precedent or waiver of the contentions of the Carrier carrier as to other similar claims or grievances. B. (b) If a disallowed claim or grievance is to be appealedappealad, such appeal must be in writing and must be taken within 60 sixty days from receipt of notice of disallowance, and the representative of the Carrier tha carrier shall be notified in writing within that time of the rejection of his decision. Failing to comply with this provision, provision the matter shall be considered closed, but this shall not be considered as a precedent or waiver of the contentions of the employes 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 60-day period for either a decision or appeal, up to and including the highest officer of the Carrier designated for that purpose. C. (c) The requirements procedure outlined in paragraphs A (a) and B, pertaining to appeal by the employe and decision by the Carrier, (b) shall govern in appeals taken to each succeeding officer, except in cases . Decision by the highest officer designatsd to handle claims and grievancee shall be final and binding unless within sixty days after written notice of appeal from the decision of the highest said officer designated by the Carrier to handle such disputeshe is notified in writing that his decision is not accepted. All claims or grievances involved in a decision by of the highest designated officer shall be barred unless within 9 six months from the date of said officer's officers decision proceedings are instituted by the employe employee or his duly authorized representative before the appropriate division a tribunal having Jurisdiction pursuant to law or agreement of the National Railroad Adjustment Board claim 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 Actgrievance involved. It is understood, however, that the parties may by agreement in any particular case extend the 9 months' six months period herein referred to. D. A claim may be filed at any time for an alleged continuing violation of any agreement and all (d) All rights of the a claimant or claimants involved thereby in continuing alleged violations of agreement shall, under this rule, be fully protected by the filing of one continuing to file a 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 each occurrence (or tour of duty) up to the filing thereoftime when such claim or grievance is disallowed by the first officer of the carrier. With respect to claims and xxxxxx xxx grievances involving an employe employee held out of service in discipline cases, the original notice of request for reinstatement with pay for time lost shall be sufficient. E. (e) This rule recognizes the right of representatives of the Organization, party hereto, organizations parties hereto to file and prosecute claims and grievances for and on behalf of the employes it representsemployees they represent. F. This agreement is not intended to deny the right of the employes to use any other lawful action for the settlement of claims or grievances provided such action is instituted within 9 months of the date of the decision of the highest designated officer of the Carrier. G. (f) This rule shall not apply to requests for leniency.. Note: With respect to all claims or grievances which arose or arise out of occurrences prior to November 1, 1948, such claims or grievances must be made on or before April l, 1949, in the manner provided for in paragraph (a) hereof and if not progressed pursuant to the provisions of paragraphs (b) and

Time Limit on Claims. All claims or grievances shall be handled as follows: A. All claims or grievances must be presented in writing by or on behalf of the employe employee involved, to the officer of the Carrier Company authorized to receive same, within 60 sixty (60) days from the date of the occurrence on which the claim or grievance is based. Should If any such claim or grievance be is disallowed, the carrier Company shall, within 60 sixty (60) days from the date same is filed, notify whoever filed the claim or grievance (the employe employee or 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 Carrier 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 60 sixty (60) days from receipt of notice of disallowance, and the representative of the Carrier Company shall be notified in writing within that time of the rejection of his decision. Failing to comply with this provision, provision the matter shall be considered closed, but this shall not be considered as a precedent or waiver of the contentions of the employes employees as to other similar claims or grievances. It is understood, however, that the parties may, by agreement, at any stage state 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 Carrier Company designated for that purpose. C. The requirements outlined in paragraphs A and B, B pertaining to appeal by the employe 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 Carrier Company to handle such disputes. All claims or grievances involved in a decision by the highest designated officer shall be barred unless unless, within 9 nine (9) months from the date of said officer's decision decision, proceedings are instituted by the employe employee or his duly authorized representative before the appropriate division of the National Railroad Adjustment Board or a systemSystem, group Group or regional board Regional 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 9 months' nine (9) month period herein referred toto herein. 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 ruleRule, 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 sixty (60) days prior to the filing thereof. With respect to claims and grievances involving an employe 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 Rule recognizes the right of representatives of the Organization, party hereto, Brotherhood to file and prosecute claims and grievances for and on behalf of the employes it representsemployees they represent. F. This agreement Agreement is not intended to deny the right of the employes employees to use any other lawful action for the settlement of claims or grievances provided such action is instituted within 9 nine (9) months of the date of the decision of the highest designated officer of the Carriercompany. G. This rule Rule shall not apply to requests for leniency.

Time Limit on Claims. A. (a) All claims or grievances must be presented in writing by or on behalf of the employe employee involved, to the officer of the Carrier company authorized to receive same, within 60 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 60 sixty days from the date same is filed, notify whoever filed the claim or grievance (the employe employee or his representative) in writing representative of the reasons for such disallowance. If not so notified, the claim or 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 Carrier 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 60 sixty days from receipt of notice of disallowance, disallowance and the representative of the Carrier carrier shall be notified in writing within that time of the rejection of his decision. Failing to comply with this provision, provision the matter shall be considered closed, but this shall not be considered as a precedent or waiver of the contentions of the employes employee 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 60-day period for either a decision or appeal, up to and including the highest officer of the Carrier designated for that purpose. C. (c) The requirements procedure outlined in paragraphs A (a) and B, pertaining to appeal by the employe and decision by the Carrier, (b) shall govern in appeals taken to each succeeding officer, except in cases of appeal from the decision of . Decision by the highest officer designated by the Carrier to handle such disputesclaims and grievances shall be final and binding unless within 90 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 by of the highest designated officer shall be barred barred, unless within 9 six months from the date of said officer's decision proceedings are instituted by the employe employee or his duly authorized representative before the appropriate division a tribunal having jurisdiction pursuant to law or agreement of the National Railroad Adjustment Board claim 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 Actgrievance involved. It is understoodunder-stood, however, that the parties may by agreement in any particular case case, extend the 9 months' six months period herein referred to. D. A claim may be filed at any time for an alleged continuing violation of any agreement and all (d) All rights of the a claimant or claimants involved thereby in continuing alleged violations of agreement shall, under this rule, be fully protected by the filing of one continuing to file a 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 each occurrence (or tour of duty) up to the filing thereoftime when such claim or grievance is disallowed by the first officer of the carrier. With respect to claims and grievances involving an employe 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 employes it represents. F. This agreement is not intended to deny the right of the employes to use any other lawful action for the settlement of claims or grievances provided such action is instituted within 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.

Time Limit on Claims. A. (a) All claims or grievances must be presented in writing by or on behalf of the employe involved, employee involved to the officer of the Carrier authorized to receive same, same within 60 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 carrier shall, Company shall within 60 sixty (60) days from the date same is filed, filed notify whoever filed the claim or grievance (the employe 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 Carrier Company 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 60 sixty (60) days from receipt of notice of disallowance, and the representative of the Carrier 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 employes employee 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 Carrier Company designated for that purpose. C. (c) The requirements outlined in paragraphs A Paragraphs (a) and B(b), pertaining to appeal by the employe 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 Carrier Company to handle such disputes. All claims or grievances involved in a decision by the highest designated officer shall be barred unless within 9 nine (9) months from the date of said officer's decision decision, proceedings are instituted by the employe employee or 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 Second of the Railway Labor Act. It is understood, however, that the parties may by agreement in any particular case extend the 9 nine (9) months' ’ period herein referred to. D. (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 thirty (30) days prior to the filing thereof. With respect to claims and grievances involving an employe employee held out of service in discipline cases, the original notice of request for reinstatement with pay for time lost shall be sufficient. E. (e) This rule recognizes the right of representatives of the Organization, party hereto, Brotherhood to file and prosecute claims and grievances for and on behalf of the employes employees it represents. F. (f) This agreement Agreement is not intended to deny the right of the employes employees to use any other lawful action for the settlement of claims or grievances provided such action is instituted within 9 nine (9) months of the date of the decision of the highest designated officer of the CarrierCompany. G. (g) Discipline imposed and agreed to in accordance with Rule 30(a) regarding waiver shall be final with no right of appeal. (h) This rule shall not apply to requests for leniency. (i) Grievances and appeals will be submitted to the designated officer.