OPINION OF BOARD: The record shows that the core of this claim involves an allegation by the claimant that the Carrier improperly divested him of his seniority and employment rights when, on April 24, 1952, as part of the settlement of a law-suit, he signed a resignation and waiver of all claims for employment.
The record further shows that this claim was handled by the duly accredited representative of the claimant's class or craft of employes; and that it was declined by the Carrier's highest officer designated to handle such disputes on May 25, 1953.
On January 1, 1955, Article V of the August 21, 1954 Agreement became effective between the parties. Section 2 of this Article V expressly provides that with respect to "all claims or grievances on which the highest designated officer of the Carrier has ruled prior to the effective date of this rule, a period of 12 months will be allowed after the effective date of this rule for an appeal to be taken to the appropriate board of adjustment as provided in paragraph (c) of Section 1 hereof before the claim or grievance is barred."
Claimant's appeal to this Board was not made until June 12, 1961. His claim, therefore, is barred by the express terms of the controlling agreement and must be dismissed accordingly.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds: