Yardmaster Award #137

YARDMASTER DEPARTMENT AWARDS

AWARD 137 - BOARD MUST RESOLVE
PROCEDURAL ISSUES BEFORE IT HAS
THE RIGHT TO REACH THE MERITS

AWARD #	REFEREE	RAILROAD
Fourth Division Award 4969	Zusman	C&NW
Fourth Division Award 4990	Zusman	CSX Transportation

Fourth Division Award No. 4990 (Zusman)

"The time limits of the Agreement are set by the negotiating parties and this Board lacks authority to put them aside. We have held that repeatedly (Public Law Board No. 3975, Award 1; Fourth Division Awards 4211, 4278). As stated in Fourth Division Award 4662:

'In its brief and before this Board Carrier has argued that Claimant's right to appeal was not in any manner prejudiced by the delay in the assessment of discipline. The language of the time constraints provided within paragraph (b), supra, as well as those in paragraph (c), under which an employee taking an appeal must do so within 15 days, are not conditioned on whether decisions or appeals made out of time would be prejudicial. The parties that drafted the Rule did not see fit to excuse each other in non-prejudicial circumstances. We cannot do it for them.'

The claim will be sustained without consideration of the merits of the discipline."

Fourth Division Award No. 4969 (Zusman)

"…Nor does it matter if the Claimant is guilty, as the procedural issues must be resolved before this Board has the right to reach the merits. Procedurally, this Board cannot negate its function to apply the negotiated Rule to the facts."