PARTIES TO DISPUTE:



PENN CENTRAL TRANSPORTATION COMPANY

NORTHEASTERN REGION, SPRINGFIELD DIVISION


STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Penn Central Transportation Company (former Boston and Albany Railroad; New York Central Railroad Co., Lessee):






OPINION OF BOARD: In its submission to this Board the Petitioner contends that the Carrier violated Article V of the Agreement of August 21, 1954, in failing to notify the Claimant within sixty days of the date claim was appealed to Carrier's Superintendent Labor Relations, in writing, of the reason for disallowance, and that the claim should be allowed as presented.


A review of the Record shows that no contention was made in the handling of the dispute on the property concerning an alleged violation of Article V of the Agreeement of August 21, 1954. It is well settled that time limit issues under Article V must be raised on the property and cannot be raised for the first time before the Board. See Decisions 5, 10, 17, 22 and 23 of the National Disputes Committee, and Awards 17591, 15913, 15907, 15798, 15392, 16727, among others. As the time limit issue was not timely raised, we must hold that it was waived by the Petitioner, and as this is the only contention of the Petitioner before the Board, the Board has no alternative but to dismiss the claim.


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 23rd day of June 1971.

Keenan Printing Co., Chicago, 111. Printed in U.S.A.
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