(Brotherhood of Maintenance of Way Employes
 PARTIES TO DISPUTE:
 (J. F. Nash and R. C. Haldeman, Trustees of the Property of
 ( Lehi,zh Valley Railroad Company, Debtor

 STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

 (1) The claims * as presented by Messrs. I. F. Hufsmith, G. S. Weston, R. E. Seip, H. Woepple, Jr., L. Marsteller, H. Snyder, E. Woronowicz and A. Hnatishion on January 15, 1969 to B&B Surervis^r H. R. Tlallery should be allowed, as presented, because of Mr. Dallery's untimely decision of disallowance.

 (*) The claims were presented as follows:
                              Faston, Pa.

                              January 1.5, 7969


        Mr. H. R. Dallery, Supv. B&B Dept.

        91 Bay Ave.

        Newark, N. J. 07105


        Dear Sir:


        Claim for all time made by M of E Shop Forces, Packerton Shop under General Foreman 17. Remaley Pa. during December 26th & December 31, 1.968, when they performed the following work: Runnine and connecting fuel oil line to dravo heater in garage east of storehouse, Packerton, Pa. We the undersigned are claiming, t 16 hours each for the above work.


                              Very truly yours,


                              /s/ Georpe S. Weston

                              Ira E. Hufsmith

                              Plumbers

                              So. Easton, Pa."


        cc: B.Helfrich

        Vice Charman

                    Award Number 19351 page 2

                    Docket Number MW-19328


                              "B & B Shop, Foot of Iron St. Easton, Pa. January 15, 1969


        Mr. H. R. Dallery, $UDV. B&B Dept. 91 Bay Ave. Newark, N.J. 07105


        Dear Sir:


        Claim for all time made by M of E Shop Forces, Packerton Shop under General Foreman R. Remaley working at Packerton, Pa. - Old Storehouse Building & Garage, Packerton, Pa. during December 26th and December 31, 1968 when they nerformed the following work: Disconnected dravo heate set heater un. cut hole in metal roof, connected stove pipe and etc.


                              Very truly yours,


                              See Attached sheet


        cc: B. Helfrich

        Vice Chairman"


                      -----------------------


        "We the undersigned are claiming two (2) days each 16 hours for the above work.


                    /s/ 1. Russell F. Seip

                    /s/ 2. Harry WOepDle, Jr.

                    /s/ 3. Lloyd Marsteller

                    /s/ 4. Harold Snyder

                    /s/ 5. Edward Woronowicz

                    /s/ 6. Alex fnatishion"


OPINION OF BOARD: On January 15, 1964, Claimants, one plumber foreman and
 one plumber; one B&B foreman and five carpenters submitted
 claims to B&B Supervisor Dallery for sixteen (16) hours each account certain
 work having been performed by Carrier's M&F Shon Forces at Carrier's Old
 Storehouse Building and Garage, Packerton, Pennsylvania, during December 26
 and December 31, 1968.
                    Award Number 19351 Page 3

                    Docket Number MW-19328


Petitioner claims that Carrier failed, "within 60 days from the date" the claim was filed, to notify petitioner "in writing of the reasons for such disallowance." Petitioner claims that this constitutes a failure to comply with the mandatory provisions of Article V, 1(a) of the National Agreement; of August 21, 1954 and, again referring to Article V, 1(a), the claim "shall be allowed as presented." If the petitioner's claim in this request is well founded, this Hoard, by mandate of Article V, 1(a), must allow the claim, as presented, without consideration of the merits.

 Under date of January 20, 1969, B&B Supervisor Dallery acknowledged receipt of claim of B&B crew and advised; "I have this date written the Master Mechanic, Mr. Picone, and as soon as a reply is received, I will render a decision." The record fails to show a reply to the plumber Claimants' claim of January 15, 1969.

 On March 19, 1969, both plumber and carpenter Claimants, separately addressed communication to Carrier, advising that Mr. Dallery had not replied and properly denied claim within time limit provided and requested payment of sixteen hours each.

 Thus, the record stands uncontroverted that B&B Supervisor Dallery did not notify Claimants "in writing", within sixty (60) days from date claims were filed, "the reasons for such disallowance" as required by Article V, 1(a) of the National Agreement of August 21, 1954.

 Such being the facts we are compelled by Article V, 1(a) to sustain the claims "as presented." (NDC Decision 16, Awards 11374, 16564, among many)

        FINDINGS: The Third Division of the Adjustment Board, upon the whole record and a71 the evidence, finds and holds:


        That the parties waived oral hearing;


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

 That the Carrier violated Article V, 1(a) of the August 21, 1954 National Agreement and the claims must be allowed as presented.
                    Award Number 19351 Page 4

                    Docket Number MW-19328

                    AWARD


        Claims sustained as Dresented.


                        NATIONAL RAILROAD ADJUSTMENT HOARD

                        By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 28th day of July 1972.