RULE 75
SYSTEM AGREEMENT
CLAIM HANDLING PROCESS
In an effort provide a
method for a condensed 3rd more expedited process of handling time claims, it
is agreed that all time claims after ratification of this Agreement shall be handled as follows:
1. All
time claims 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 (60) days of the date of
the occurrence on which the claim is based.
2. Should
any time claim be disallowed, the Carrier, within sixty (60) days from the date same was filed, must notify the employee or his representative in
writing of the reason(s) for such
disallowance.
3. if
a disallowed claim is to be appealed on behalf of the employee, such appeal
must be in writing within sixty (60) days from receipt of the notice of
disallowance.
4. Within
sixty (60) days of the date of the appeal, the highest Labor Relations Officer
authorized to handle such claim must
notify the employee's representative in writing of his/her decision to
reject this appeal.
5.
Within one-hundred-eighty(180}of the date of the
rejection of the appeal, the B.L.E. 's highest designated
officer to handle such claims must list this claim, in writing,
for conference with Labor Relations.
6. Within
sixty (60) days of the Time Claim Conference, Labor Relations must send a final rejection letter of such claim to the B.L.E.'s highest designated
officer to handle such claim.
7.
Within one-hundred-eighty (180) days of the date of the final rejection
letter after Conference, the highest B.LE officer designated to handle such time claims
must fist the claim before a tribunal having jurisdiction
pursuant to the law or agreement
8. If
either party fails to comply with a time limit contained in this agreement,
the claim shall be allowed (if the carrier's failure) or withdrawn (if the
organization's failure). Claims so disposed of shall not be considered as
a precedent or a waiver of the contentions
of either party as to other similar claims.
9 All
rights of the Claimant involved in continuing alleged violations of the
Agreement shall, under this rule, be fully protected by continuing to file a claim
for each occurrence (or tour of duty).
10.
This rule recognizes the right of the representatives of the Organization
party hereto to file and prosecute claims for and on behalf of the employees
they represent
Note
1: It is understood the time limits set forth in this Rule may be extended by
mutual agreement of the parties!
Note
2: The use of the term "in writing* in this Rule includes the use of
electronic or computer-based
delivery or transmission methods.
Note
3: " The parties agree an claims submitted prior to the effective date of
this Rule will
continue to be handled in accordance with applicable rules or procedures previously in effect. All
claims submitted on or after the effective date of this Rule will be handled in
accordance with this Rule.
Q-1:
What does the term 'list the claim' in Section 7 mean?
A-1: In 'listing] the claim”, the
Organization must either docket the claim to a
Public Law Board in accordance with applicable National Mediation Board
rules and
procedures or file an ex parte notice of intent with the First
Division, NRAB.
Q-2
Does this rule apply to claims under Labor Protective conditions?