RULE 85. TIME LIMIT ON CLAIMS.
(a) Effective March 1, 1958 all claims for compensation other than claims
arising out of discipline cases must be initially presented in writing by or on
behalf of the employe to the Timekeeping Bureau within 90 days from the date of
the occurrence on which the claim is based.
Claims not submitted within 90 days from the date of the occurrence will
not be valid. If the claim is disallowed, the employe or his representative
shall be notified in writing with the reasons therefor within thirty days of the
date his claim is filed. If not so notified, the claim 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.
Note: It is understood that presentation by
the employe or his representative of a trip
report, memorandum, or letter in writing,
identifying the occurrence and basis for
the claim, shall constitute the initial
presentation of the claim.
(b) If it is desired to appeal a claim disallowed under paragraph (a),
appeal must be made to the designated Carrier Officer within 90 days from
receipt of notice of disallowance. If appeal is not made to the designated
Carrier Officer within 90 days, the claim 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.
(c) Decision of the designated Carrier Officer shall be made within 60
days from date of appeal. If not so handled, the claim 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.
(d) If the decision of the designated Carrier Officer is rejected and it
is desired to appeal the claim further, appeal must be made to the Director of
Labor Relations within 90 days from the date of the written notice of
declination by the designated Carrier Officer. 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.
(e) Decision of the Director of Labor Relations shall be rendered within
60 days from date of appea1 providing a conference is not requested by him or
the General Chairman. If a conference is requested by either party when claim is
originally presented, it will be held within 60 days from date of request,
unless postponement is mutually agreed to and decision rendered within 30 days
following conference. If conference is requested after decision by the Director
of Labor Relations has been rendered, it will be held within 60 days from date of request, and decision rendered within 30
days from date of conference If not so handled, claim or claims will be
considered valid and settled accordingly, but shall not be considered as a
precedent or waiver of the contentions of the Carrier as to other similar
claims.
(f) Decision by the Director of Labor Relations shall be final and
binding unless within one year from date of initial declination or date of
conclusion of conference, whichever is first, such claim is disposed of on the
property, or proceedings for fina1 disposition of the claim are instituted by
the employe or his duly authorized representative. It is understood, however,
that the parties may by agreement in any particular case extend the one year
period herein
referred to.
(g) Claims involving a continued alleged violation of the agreement must
be filed by the claimant for each such violation. However, subsequent to the
filing of the original or first claim, which must be progressed in accordance
with this Rule 85, the designated Carrier Officer and Local Chairman may agree
to suspend application of Sections (b) and (c) for any or all claims identical
to the original claim and agree that subsequent identical claims shall be
settled in accordance with the disposition of the original
or first claim presented.
(h) It is understood that Local Chairmen or General Chairman an may amend
or modify claims without committing a violation of this rule, provided that such
change or modification is made within the time limitations provided herein.
Note: See Appendix "A" - Item
85.