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Attachment (b)
SYSTEM AGREEMENT - CLAIM
HANDLING PROCESS
In an effort to provide a method for a condensed and 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, with in
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 (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) days 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 (1 80) days of the date of the final rejection letter after
Conference, the highest B. L. E. officer designated to handle such time claims
must list 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claim shall be allowed (if the carrier's failure) or withdrawn (if the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 all 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 "list(ing) 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?
A-2:
Yes, unless the labor protective conditions provide for different time
limits or procedures. |
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