OPINION OF BOARD: This is a discipline case involving the dismissal of Claimant Jack V. Taylor after a proper charge had been made and investigation held in accordance with Rule 33 of the collective bargaining agreement. The record reflects that claimant was given a fair and impartial hearing and he so admits in the transcript thereof.
Respondent contends, and the record shows, that petitioner failed to appeal from the carrier's decision of dismissal within the thirty day period specified in Rule 35 and failed to give a copy of the appeal when made to the official whose decision was being appealed, and that thereafter he failed to institute proceedings before this Division or elsewhere within nine months from the date of decision by the highest designated officer as required by the Memorandum of Understanding of April 22, 1955.
Failure properly to file a timely appeal under the rules bars a decision on the merits of a claim such as the one presented here. See Awards 8474 and 8476 of this Division.
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;