RULE 133. TIME LIMIT ON CLAIMS AND GRIEVANCES. (a) All claims or grievances must be presented in writing by or on behalf of the employe involved, to the Officer of the Company authorized to receive same, within sixty (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 sixty (60) days from the date same is filed, notify the employe 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.
(b) If a disallowed claim or grievance is to be appealed, such appeal must be taken within ninety (90) days from receipt of notice of disallowance, and the representative of the Carrier shall be notified of the rejection of his decision. Appeals taken to the Director of Labor Relations or General Manager by the General Chairman must be taken within ninety (90) days from receipt of notice of disallowance, 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 employes as to other similar claims and grievances.
NOTE; See Agreement EO 402, effective September 16, 1955, reproduced in Appendix No. 45.
(c) The procedure outlined in paragraphs (a) and (b) will govern in appeals taken to each succeeding officer. Decision by the highest officer designated to handle claims and grievances shall be final and binding unless within sixty (60) days after written notice of the decision of said officer he is notified in writing that his decision is not accepted. All claims or grievances involved in a decision of the highest officer shall be barred unless within one year from the date of said officer's decision proceedings are instituted by the employe or his duly authorized representative before a tribunal having jurisdiction pursuant to law or agreement of the claim or grievance involved. It is understood, however, that the parties may by agreement in any particular case extend the one-year period herein referred to.
(d) All rights of a Claimant involved in continuing alleged violations of agreement shall, under this rule, 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 employe held out of service in discipline cases, the original notice of request for reinstatement with pay for time lost shall be sufficient.
(e) This rule recognizes the right of representatives of the Organization's parties' hereto to file and prosecute claims and grievances for and on behalf of the employes they represent.
(f) This rule shall not apply to requests for leniency.
(g) When payment is made on claims appealed employe shall be notified thereof.