STATEMENT OF CLAIM: Claim for reinstatement to service with seniority unimpaired and paid for time lost during the period of dismissal for Dining Car Steward Clarence E. Leslie; dismissal as a result of alleged violation of rules and instructions applicable to Dining Car Stewards.
OPINION OF BOARD: The record establishes that Claimant Leslie was dismissed from service on July 15, 1966. Neither the claimant nor the organization, however, made any appeal of that decision within the forty-five (45) day period pursuant to rule 25 of the Controlling Agreement. Claim, therefore, was not timely progressed on the property and is clearly barred from consideration by this Board.
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