PARTIES TO DISPUTE:
CHICAGO & EASTERN ILLINOIS RAILROAD COMPANY
MR. FRANK GABRIELLO

STATEMENT OF CLAIM: Carrier claims that Mr. Frank Gabrielle, formerly a maintenance of way employe, voluntary resigned from its service on February 21, 1968, and as a result thereof severed his employment relationship and relinquished all rights under the agreement, including the right to an investigation.


Carrier further holds that claimant failed to initiate a claim to the proper officer within sixty days as prescribed by Article V of the Agreement of August 21, 1954.


OPINION OF BOARD: In this docket, the respondent Mr. Frank Gabrielle has failed to file either an initial submission or a response to the Carrier's Submission; and a failure to do so leaves the position and assertions of the Carrier, which adequately support the claim, unchallenged and uncontroverted. The claim, therefore, must be sustained.


FINDINGS: The Third Division of the Adjustment Board, 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












Dated at Chicago, Illinois, this 30th day of October 1968.

Keenan Printing Co., Chicago, Ill. Printed in U.S.A.