STATEMENT OF CLAIM: (18) Carrier's file 0-147. Claim No. 707-204 by the General Committee of The order of Railroad Telegraphers on the Chicago Great Western Railway that:
EMPLOYES' STATEMENT OF FACTS and POSITION OF EMPLOYES: The above Carrier described cases are not ready for consideration and action by your Board. They area group of unsettled disputes involving this Carrier and this Organization which have not been handled to conclusion on the property and the right of this Organization to endeavor to settle them by further negotiations or by means other than National Railroad Adjustment Board pursuant to Article V, Section 5, of the Agreement of August 21, 1954, has been challenged by the Carrier in the Courts.
It is, therefore, our position that until the Courts have determined this matter and until these disputes have been handled as provided in Section 3, First (i) of the Railway Labor Act, as amended, they are not properly referable to your Board. Four hundred and eighty copies of this submission are
OPINION OF BOARD: The sole question raised by the Carrier is whether or not this claim is barred because it was not presented to the Division within the time limit provisions of Article V of the National Agreement of August 21, 1954. Since the Employes agree that the claim is barred by the Time Limit Rule of the Agreement, and request that it be dismissed, the question is moot.
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:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
That the claim is moot for the reason that both parties agree it is barred by the Time Limit Rule of the Agreement.