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 employee involved, to the officer of the company authorized to receive same, 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 of 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 sixty 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 employee as to other similar claims or grievances. (c) The procedure outlined in paragraphs (a) and (b) shall 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 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 of the highest officer shall be barred, unless within six months from 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 under-stood, however, that the parties may by agreement in any particular case, extend the six months period herein referred to. (d) 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.

Time Limit on Claims. 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 employee involved, to the officer of the company authorized to receive same, 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 of the reasons for such disallowance. If not so notified, the claim or grievance shall shal1 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 appealedappealad, such appeal must be taken within sixty days from receipt of notice of disallowance disallowance, and the representative of the tha 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 employee employees as to other similar claims or grievances. (c) The procedure outlined in paragraphs (a) and (b) shall govern in appeals taken to each succeeding officer. Decision by the highest officer designated designatsd to handle claims and grievances grievancee shall be final and binding unless within 90 sixty 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, barred unless within six months from the date of said officer's officers decision proceedings are instituted by the employee or his duly authorized representative before a tribunal having jurisdiction Jurisdiction pursuant to law or agreement of the claim or grievance involved. It is under-stoodunderstood, however, that the parties may by agreement in any particular case, case extend the six months period herein referred to. (d) 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 xxxxxx xxx 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 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. (a) All claims or grievances must be presented in writing by or on behalf of the employee involved, to the officer of the company 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 carrier Company shall, within sixty (60) days from the date same is filed, notify whoever filed the claim or grievance (the employee or his representative duly accredited representative) in writing of the reasons for such disallowance. If not so notified, the claim or grievance shall be considered valid and settled accordinglyallowed 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 sixty (60) days from receipt of notice of disallowance 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 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-day period for either a decision or appeal up to and including the highest officer of the Company designated for that purpose. (c) The procedure requirements outlined in paragraphs Paragraphs (a) and (b) ), pertaining to appeal by the employee and decision by the Carrier, shall govern in appeals taken to each succeeding officer. Decision by , except in cases of appeal from the decision of the highest officer designated by the Company to handle claims 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 acceptedsuch disputes. All claims or grievances involved in a decision of by the highest designated officer shall be barred, barred unless within six nine (9) months from the date of said officer's decision ’s decision, proceedings are instituted by the employee or his duly authorized representative before a tribunal having jurisdiction pursuant to law or agreement the appropriate division of the claim National Railroad Adjustment Board or grievance involvedsystem, 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 under-stoodunderstood, however, that the parties may by agreement in any particular case, case extend the six months nine (9) month period herein referred to. (d) All A claim may be filed at any time for an alleged continuing violation of any Agreement and all rights of a the claimant or claimants involved in continuing alleged violations of agreement thereby shall, under this rule, be fully protected by continuing to file a 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 each occurrence more than sixty (or tour of duty60) up days prior to the time when such claim or grievance is disallowed by the first officer of the carrierfiling thereof. With respect to claims and or grievances involving an 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) This rule recognizes the right of representatives of the Brotherhood to file and prosecute claims or grievances for and on behalf of the employees it represents. (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 Company. (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 grievances shall be handled as follows: A. All claims or grievances must be presented in writing by or on behalf of the employee involved, to the officer of the company Company authorized to receive same, within 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 sixty (60) days from the date same is filed, notify whoever filed the claim or grievance (the employee or his representative representative) in writing of the reasons for such disallowance. If not so notified, the claim or grievance shall be considered valid and settled accordinglyallowed 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 sixty (60) days from receipt of notice of disallowance 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 employee employees as to other similar claims or grievances. It is understood, however, that the parties may, by agreement, at any 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 Company designated for that purpose. (c) C. The procedure requirements outlined in paragraphs (a) A and (b) B pertaining to appeal by the employee and decision by the Company shall govern in appeals taken to each succeeding officer. Decision by , except in cases of appeal from the decision of the highest officer designated by the Company to handle claims 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 acceptedsuch disputes. All claims or grievances involved in a decision of by the highest designated officer shall be barredbarred unless, unless within six nine (9) months from the date of said officer's decision decision, proceedings are instituted by the employee or his duly authorized representative before a tribunal having jurisdiction pursuant to law or agreement the appropriate division of the claim National Railroad Adjustment Board or grievance involveda System, Group or Regional Board of Adjustment that has been agreed to by the parties hereto as provided in Section 3 of the Railway Labor Act. It is under-stoodunderstood, however, that the parties may by agreement in any particular case, case extend the six months nine (9) month period herein referred toto herein. (d) All D. A claim may be filed at any time for an alleged continuing violation of any agreement and all rights of a the claimant or claimants involved in continuing alleged violations of agreement thereby shall, under this ruleRule, be fully protected by continuing to file a 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 each occurrence more than sixty (or tour of duty60) up days prior to the time when such claim or grievance is disallowed by the first officer of the carrierfiling 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 Brotherhood 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 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 company. G. This Rule shall not apply to requests for leniency.

Time Limit on Claims. (a) All claims or grievances must be presented in writing by or on behalf of the employee involved, involved to the officer of the company 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 carrier shall, Company shall within sixty (60) days from the date same is filed, filed notify whoever filed the claim or grievance (the employee or his representative duly accredited representative) in writing of the reasons for such disallowance. If not so notified, the claim or grievance shall be considered valid and settled accordinglyallowed 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 sixty (60) days from receipt of notice of disallowance 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 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 Company designated for that purpose. (c) The procedure requirements outlined in paragraphs Paragraphs (a) and (b) ), pertaining to appeal by the employee and decision by the Carrier, shall govern in appeals taken to each succeeding officer. Decision by , except in cases of appeal from the decision of the highest officer designated by the Company to handle claims 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 acceptedsuch disputes. All claims or grievances involved in a decision of by the highest designated officer shall be barred, barred unless within six nine (9) months from the date of said officer's decision decision, proceedings are instituted by the employee or his duly authorized representative before a tribunal having jurisdiction pursuant to law or agreement the appropriate division of the claim National Railroad Adjustment Board or grievance involveda 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 under-stoodunderstood, however, that the parties may by agreement in any particular case, case extend the six months nine (9) months’ period herein referred to. (d) All A claim may be filed at any time for an alleged continuing violation of any agreement and all rights of a the claimant or claimants involved in continuing alleged violations of agreement thereby shall, under this rule, be fully protected by continuing to file a 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 each occurrence more than thirty (or tour of duty30) up days prior to the time when such claim or grievance is disallowed by the first officer of the carrierfiling 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 Brotherhood to file and prosecute claims and grievances for and on behalf of the employees it represents. (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 Company. (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.

Time Limit on Claims. All claims or grievance arising on and after November 1, 1948 shall be handled as follows: (aA) 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 same, 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 of 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.grievances.‌‌‌‌‌ (bB) If a disallowed claim or grievance is to be appealed, such appeal must be taken within sixty days from receipt of notice of disallowance disallowance, and the representative of the carrier shall be notified 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 employee employees as to other similar claims or grievances. (cC) The procedure outlined in paragraphs (a) and (b) shall 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 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 of or the highest officer shall be barred, barred unless within six 12 months 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 under-stoodunderstood, however, that the parties may by agreement byagreement in any particular case, case extend the six months 12 months' period herein referred to. (dD) 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. (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 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) A. All claims or grievances must be presented in writing by or on behalf of the employee employe involved, to the officer of the company 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 carrier shall, within sixty 60 days from the date same is filed, notify whoever filed the employee claim or grievance (the employe or his representative representative) in writing of the reasons for such disallowance. If not so notified, the claim or grievance shall be considered valid and settled accordinglyallowed as presented, 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 sixty 60 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 employee 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) C. The procedure requirements outlined in paragraphs (a) A and (b) B, pertaining to appeal by the employe and decision by the Carrier, shall govern in appeals taken to each succeeding officer. Decision by , except in cases of appeal from the decision of the highest officer designated by the Carrier to handle claims 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 acceptedsuch disputes. All claims or grievances involved in a decision of by the highest designated officer shall be barred, barred unless within six 9 months from the date of said officer's decision proceedings are instituted by the employee employe or his duly authorized representative before a tribunal having jurisdiction pursuant to law or agreement the appropriate division of the claim National Railroad Adjustment Board or grievance involveda 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 under-stoodunderstood, however, that the parties may by agreement in any particular case, case extend the six months 9 months' period herein referred to. (d) All D. A claim may be filed at any time for an alleged continuing violation of any agreement and all rights of a the claimant or claimants involved in continuing alleged violations of agreement thereby shall, under this rule, be fully protected by continuing to file a 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 each occurrence (or tour of duty) up more than 60 days prior to the time when such claim or grievance is disallowed by the first officer of the carrierfiling thereof. With respect to claims and grievances involving an employee 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.