PARTIES TO DISPUTE
JOINT COUNCIL DINING CAR EMPLOYEES, LOCAL 516
GREAT NORTHERN RAILWAY COMPANY

STATEMENT OF CLAIM: Claim of Joint Council Dining Car Employees, Local 516 on the property of the Great Northern Railway Company, for and on behalf of Waiter Thomas A. Emery, that he be restored to service with seniority and vacation rights unimpaired and compensated for net wage loss account of Carrier dismissing claimant from service on May 2, 1963, in violation of the Agreement and in abuse of its discretion.


OPINION OF BOARD: The record establishes that this claim was decided by the highest designated officer on May 13, 1963. The Agreement required that the claim be appealed to the Board within nine months. The claim was not appealed to the Board until March 18, 1964. Accordingly, the claim is barred from our consideration.


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 this 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










Dated at Chicago, Illinois, this 28th day of October 1965.