Joseph A, Sickles, Referee


            (R. G. Whittington

            PARTIES TO DISPUTE:

            (The Chicago Union Station Company


            STATEMENT OF CLAIM: This letter is to let you know that within 30 days after

            you receive this letter I will submit 15 copies of my dis

            pute between the Chicago UNION Station and I, which is my being dismissed with

            out proper legal grounds acted upon by the carrier in question. I was fired

            without an investigation which is my legal right under present union law

            (Brotherhood of Railway Clerks - local 342 - Wm. B, Murphy, General C'airman).

            I will show that I was intentionally ignored by the Chicago UNION Stat on

            Company, and that all of my medical and eickleave were in fact dismissed by

            the management.


            OPINION OF BOARD: This dispute concerns Claimant's absence from his employment

            commencing in the Summer of 1970, A review of the entire

            record shows numerous assertions concerning the cause of the absence, basis for

            temination, misunderstanding of employment status, reasons for non-attendance at

            a hearing, etc. Although no specific finding is made in this regard, if Claimant

            were given the benefit of all doubts, and all conflicts in the record were to be

            resolved in his favor, it appears obvious that by at least April, 1971, Claimant

            was fully advised that he was considered by the Carrier as having been dismissed

            from service. As of that time, at the very latest, time limits for processing

            claims or grievances began to run; yet Claimant failed to process the matter as

            required by the applicable Rule.


            Accordingly, a review of the record in this docket clearly shows that the Claim Petitioner is attempting to assert before this Board was not handled on the property of the Carrier in accordance with the provisions of the applicable collective bargaining agreement and as required by Section 3, First (i) of the Railway Labor Act and Circular No, 1 of the National Railroad Adjustment Board. Therefore, the claim is barred from consideration by the Division and will be dismissed.


            FINDINGS: The Third Division of the Adjustment Board, after giving the parties

            to thin dispute due notice of hearing thereon, and upon the whole

            record and all the evidence, finds and holds:


            That the Carrier and the Employee involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Act, as approved June 21, 1934;


,r
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                  Award Number 19785 Page 2

                  Docket Number MS-19925


That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Claim is barred.


                    A W A R D


        Claim dismissed.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: J~ i I~ 00
Executive ecretary

Dated at Chicago, Illinois, this 25th day of May, 1973.

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