STATEMENT OF CLAIM: Now comes D. V. Rittle individual and claims reinstatement to position of employe of R E A Express in Ft. Lauderdale, Florida office with seniority dating to November 20, 1956. And further that wage income that was lost due to discrimination of D. V. Rittle be awarded. And further, that costs of submission to Adjustment Board be awarded in the sum of $9,550.00 representing 950 hours spent in learning and preparation of the submission, plus typing and printing costs.
OPINION OF BOARD: A review of the entire record in this docket shows that only two claims were appealed by the Petitioner to the highest official of the Carrier designated to handle disputes. One was denied by the Carrier on May 16, 1957, and the other on July 1, 1957. The Petitioner delayed filing notice with this Division of intention to file an ex parts submission until February 28, 1964,
The Railway Labor Act contemplates the expeditious handling of claims and grievances. This Division has consistently held that parties may not delay for an unreasonable period of time the progression of disputes to the Board. (Awards 4941, 6229, 8162, 9788, 10020, 10544, 13239.) Adherence to this principle precludes our consideration at this late date of the claims that were denied by the Carrier approximately six and one-half years prior to the Petitioner filing notice of intent to file ex parts submission with this Board.
In his submission the Petitioner alleges violations other than the two denied by the Carrier in 1957; however, the record is conclusive that these further alleged violations were never appealed to the highest official of the Carrier designated to handle disputes in accordance with the provisions of Section 3, First (i) of the Railway Labor Act. These alleged violations must, therefore, be dismissed for failure to comply with the procedural requirements of the Act and the provisions of Circular No. 1 issued pursuant thereto. (Awards 12193, 11910, 11346, 11212, 11182, 10844.)
FINDINGSS 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: