Article 33 Article 33
Article 33
Time Limit On Claims
Section 1
All claims or grievances must be presented in writing by or on behalf of the employees involved, to the officer of the company 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 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.
Section 2
If a disallowed claim or grievance is to be appealed, such appeal must be taken within 60 days from the receipt of notice of disallowance (If
the declination is on the itemized earnings statement, the time limits for appeal will begin on the earning statement date), 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 employees as to other similar claims
or grievances.
Section 3
The procedure outlined in Sections 1 and 2 shall govern in appeals taken to each succeeding officer. Decision by the highest officer
designated to handle claims shall be final and binding unless within 60 days after written notice of the decision of said officer, he is notified
in writing that the decision is not accepted.
Section 4
Decision by the highest officer designated by the carrier to handle claims shall be final and binding unless within one year from the date of
said officer's decision such claim is disposed of on the property or proceedings for the final disposition of the claim are instituted by the
employee or his duly authorized representative and such officer is so notified. It is understood, however, that the parties may, by agreement
in any particular case, extend the one year period herein referred to.
166
Section 5
All rights of a claimant involved in continuing alleged violations of agreements shall, under this article, 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.
Section 6
This article shall not apply to requests for leniency.
Section 7
A penalty claim submitted by a representative of the Organization shall not be changed by the Company unless a change is agreed to by
such representative.
A penalty claim submitted by a representative of the Organization shall not be settled by the Company on a conditional basis unless agreed
to by such representative.
Section 8
When a local chairman handles a claim for a rules violation which is later allowed, the designated claimant or claimants entitled to payment
under the rules shall be paid.
Article 33
Time Limit On Claims
Section 1
All claims or grievances must be presented in writing by or on behalf of the employees involved, to the officer of the company 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 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.
Section 2
If a disallowed claim or grievance is to be appealed, such appeal must be taken within 60 days from the receipt of notice of disallowance (If
the declination is on the itemized earnings statement, the time limits for appeal will begin on the earning statement date), 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 employees as to other similar claims
or grievances.
Section 3
The procedure outlined in Sections 1 and 2 shall govern in appeals taken to each succeeding officer. Decision by the highest officer
designated to handle claims shall be final and binding unless within 60 days after written notice of the decision of said officer, he is notified
in writing that the decision is not accepted.
Section 4
Decision by the highest officer designated by the carrier to handle claims shall be final and binding unless within one year from the date of
said officer's decision such claim is disposed of on the property or proceedings for the final disposition of the claim are instituted by the
employee or his duly authorized representative and such officer is so notified. It is understood, however, that the parties may, by agreement
in any particular case, extend the one year period herein referred to.
166
Section 5
All rights of a claimant involved in continuing alleged violations of agreements shall, under this article, 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.
Section 6
This article shall not apply to requests for leniency.
Section 7
A penalty claim submitted by a representative of the Organization shall not be changed by the Company unless a change is agreed to by
such representative.
A penalty claim submitted by a representative of the Organization shall not be settled by the Company on a conditional basis unless agreed
to by such representative.
Section 8
When a local chairman handles a claim for a rules violation which is later allowed, the designated claimant or claimants entitled to payment
under the rules shall be paid.
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