(Joint Council of Dining Car Employes ( Local 849 PARTIES TO DISPUTE: (Chicago, Rock Island and Pacific Railroad Company

 STATEMENT OF CLAIM: Claim of the Joint Council of Dining Car Employes, Local 849
 on the property of the Chicago, Rock Island and Pacific Rail
 road Company for and on behalf of Mr. Hubert Nickerson, Chair Car Attendant, who
 was dismissed from Carrier's service on March 24, 1971 as a result of an investi
 gation held on March 16, 1971. Carrier shall now restore Mr. Hubert Nickerson to
 service with all rights restored and compensated for all time lost.

 OPINION OF BOARD: The record in this case indicates that following a formal
 investigation, which the claimant refused to attend, claimant
 was dismissed from service of Carrier.

 This claim must be dismissed for two reasons; First claimant did not
 comply with the appeal provision of Rule 11(f) of the applicable Agreement since
 the record shows that the first appeal officer was by-passed; Secondly, the Or-
 ganization did not comply with Rule 11(g) of the Agreement when it did not submit
 this claim to this Division within the 180 day time limit following final declin
 ation of the claim on the property. See Third Division Awards 8889 (McMahon),
 12490 (Ives), 14438 (Dolnick), 16542 (Devine), 16117 (McGovern), 16827 (Ritter)
 and 17907 (Quinn).



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






                            By Order of Third Division


        ATTEST: Executive Secretary


Dated at Chicago, Illinois, this 25th day of May 1972.