C:\AWARDS\OUT\2-09561.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9561 SECOND DIVISION Docket No. 9472-I
2-C&-Nw-I-'83 The Second Division consisted of the regular members and in addition Referee James F. Scearce when award was rendered.

( Peter R. Evanovich

Parties to Dispute:

( Chicago and North Western Transportation Company

Dispute: Claim of Employes:

I, Mr. Peter Evanovich was not given an opportunity to properly defend myself in an investigation about a job that I did for the company. Also, that I was discriminated against by my union representative and railroad supervisor, which brought this investigation and suspension from the company. This suspension being for 60 days without pay.

Findings The Second Division of the Adjustment Board upon the whole record and all the evidence, finds that: The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

This is an action brought by the affected employe, as Claimant on his own behalf in protest of an investigation/hearing concerning his responsibility in improperly carrying out an assignment; the result was imposition of a 60-day disciplinary suspension. The record shows that the hearing was postponed at least once at the behest of the Claimant and finally proceeded without him. The Claimant contends discrimination. The Carrier raises a procedural objection relative to time limits, i.e., failure on the Claimant's part to raise a claim on the property within 60 days of the occurrence of the event. The record indicates the Claimant never complied with the Time Limit Rule (1a), and this Board is accordingly barred from consideration of the merits by Section 3, First (i) of the Railway Labor Act.

A W A R D

Claim dismissed. NATIONAL RAILROAD ADJUSThIENT BOAR D By Order of Second Division Form I Award No. 9561 Page 2 Docket No. 9472-I 2-c&Nw-I-' 83 Attest: Acting Executive Secretary National Railroad Adjustment Board By starie Brasch - Administrative Assistant Dated at Chicago, Illinois, this 13th day of July, 1983.