(Brotherhood of Railway, Airline and Steamship Clerks,
 ( Freight Handlers, Express and Station Employes
 PARTIES TO DISPUTE:
 (J. F. Nash and R. C. Haldeman, Trustees of the Property
 ( of Lehigh Valley Railroad Company, Debtor

(a) Carrier violated the Agreement between the parties effective Mav 1, 1955, as revised when it refused to fill a vacancy at Tifft Terminal, Buffalo. N.1., 11:59 P.M. on August 5, 1969, and permitted Assistant Trainmaster C. A. Dahn, to cut cards, run and operate Flexon Writer Machine and booked Train L.V.

 (b) Claim is submitted for a days pay at punitive rate for D. Bennett, Clerk, for August 5, 1969, due to this violation.

 OPINION OF BOARD: This is the fourth dispute involving the same issue between
 the same Petitioner and Respondent which this Board has con
 sidered in recent months, wherein Respondent's first defense is that the Organ
 ization did not comply with the provisions of Rule 33 - Time Limits (adopted
 from the National Agreement of August 21, 1954) in that the Employes failed to
 progress the controversy to the Board within nine (9) months from the date of
 decision by Carrier's highest designated officer to handle claims and grievances,
 said letter dated April 13, 1970. The Organization's letter giving Notice of
 lrntent to file an ex parte submission with this Division was dated January 19,
 1971. The Organization is only six (6) days out of time but, nonetheless, out
 of time.

 In this dispute, as in the three previous claims (Awards 19021, 19096 and 19164) the Organization argues that a waiver existed on time limits in which to file claims with this Board. The first time (Award 19021) we carefully considered the Organizatio and 19164) we considered additional evidence submitted in support of the argument. In the instant case, we have again reviewed the entire record of handling dispute: on the property.



In view of the above, we conclude that the claim was not timely filed with the Board and must be dismissed.


        FINDING;: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;


That the Carrier and the Employes involved in this dispute are respectiv·cly Carrier .tnd Employes within the meaning of the Railway Labor A.~ as aporoved June 21, 1934;

 That this D;.vi--ion of the Adjustment Board has jurisdicticn over t-lie dis;,u;~· iuvol~·cd herein; and

        That ~.lIe claim be dismissed in accordance with the Opinion,


                    A II A R D


        Claim is dismissed, in accordance with the Opinion and Findinso


                            NATIONAL R1lY,COAD ADJUSTMENT ROAPD

                            By Order of Third Division


        ATTEST: ~~ a -p~!~./ Execnt,.·c So( relary


        Dated at Chicago. Illinois, this 30th day of November 1972.


I