Award No. 13253 Docket No. MS-12640 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

CIRILO T. BERRANCO

THE ATCHISON, TOPEKA AND SANTA FE RAILWAY

COMPANY-COAST LINES

STATEMENT OF CLAIM: My being suspended from service May 2?, 1959 as Section Laborer, AT&SF RR CO., Valley Division, Section #1, Bakersfield, California. In violation of Article VI, Section 1 of the effective Agreement which states. "NO EMPLOYE WHO HAS BEEN IN SERVICE MORE THAN SIXTY CALENDER DAYS WILL BE DISCIPLINED WITHOUT FIRST BEING GIVEN AN INVESTIGATION."

OPINION OF BOARD: The record reveals that Claimant did not appeal his claim to this Board within the nine months provided in Article VII reading, here pertinent, as follows:

All claims or grievances involved in a decision by the highest designated officer ahall be barred unless within 9 months from the date of said officer's decision proceedings are instituted by the employe or his duly authorized representative before the appropriate division of the National Railroad Adjustment Board . . ."

Under these circumstances, the Board has no alternative than to dismiss the Employe's claim.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the parties waived oral hearing;

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, 1939;

That this Division of the Adjustment Board has jurisdiction over the .dispute involved herein; and

That the claim is barred.

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