RAILROAD DIVISION, TRANSPORT WORKERS OF AMERICA,
AFL-CIO
STATEMENT OF CLAIM: That it is improper for the Carrier to remove an employe from the Maintenance of Way Roster when the employe was furloughed from said Department and was working in the Car Department when he asked for and received a Leave of Absence.
OPINION OF BOARD: The record shows that Claimant William Magnone applied for and was granted a thirty-day leave of absence effective August 17, 1955; that, on September 20, 1955, Carrier wrote Claimant that his name was being removed from the seniority roster as of that date because he had not reported for duty or requested any extension of his leave of absence, and that no claim or grievance was made until January 20, 1956.
Article 20 of the Agreement between the parties provides, in pertinent part, as follows:
Inasmuch as more than sixty days had elapsed from date of the occurrence before any claim or grievance was made, we must hold that the claim herein is barred under Article 20 and should therefore be dismissed.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employe involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board las jurisdiction over the dispute involved herein; and