(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employees PARTIES TO DISPUTE: (The Central Railroad Company of New Jersey ( (R. D. Timpany, Trustee)

(a) Carrier violated the Clerks' Agreement, particular reference to Rule No. 37, when they disqualified Mr. E. Hursey from position of Checker, Terminal area, following a hearing and investigation held on October 21, 1971, and

 (b) Carrier shall be required to compensate Mr. E. Hursey a day's pay for October 22, 1971 and each subsequent day he is withheld from assignment as Checker, Terminal Area, and

 (c) Carrier shall be required to clear Mr. E. Hursey's record of all alleged charges or allegations which may have been recorded thereon, as a result of the alleged violation named herein.

 OPINION OF BOARD : This dispute originally involved a claim for reversal of a
 Carrier disqualification decision and for compensation for
 time lost. The claim as presented to the Board involves a claim for compensa
 tion only.

 Following a hearing held on October 21, 1971, at which the Claimant cas represented by his duly accredited representative, pursuant to the Clerks' Agreement, the Carrier found Claimant guilty of charges of "failing to carry out instructions of Yardmaster and poor performance of duty while Checker, Yard 'B', Elizabethport Yard on October 15, 1971, 6:00 a.m. to 2:00 p.m." Based on this finding of guilt the Carrier took action to disqualify Claimant as Checker, effective October 22, 1971. The Carrier's action was appealed by the Organization by letter dated No monetary loss. The Claimant's disqualification was further appealed to the Carrier's Vice President- wrote as follows to the General Chairman:







In a reply letter dated April 21, 1972, the General Chairman advised as follows:

        "The last sentence of the letter, reading - 'It is agreed request for compensation is withdrawn by the Organization.' is not correct. During conference on the claim, held on February 23, 1972, you advised that you were willing to remo stated that you were not willing to allow compensation as claim for compensation had not been timely filed on the local level. We understood what you were saying, but did not withdraw request for compensation, expecting that your conference position would be stated in your reply to the claim.


        We will appreciate your correcting the error in order that the record will properly state the reason for non allowance of compensation,"


The Carrier made no objection to revisi.Lg the record as requested by the General Chairman.

 From the foregoing, and the whole record, we conclude that Claimant's disqualification was lifted by Carrier as a result of conference at the highest is level of appeal. Consequently, paragraphs (a) and (c) of the Statement of Clair are dismissed as moot.

 With respect to paragraph (b) of the Statement of Claim, we believe the Carrier's contention that the compensation claim was not timely made is well taken and should be sustained. It was only on appeal that the claim for compensation was advanced by This was not done in this case. Therefore, we shall dismiss paragraph (b) as asserting a claim which has not been handled on the property in compliance with Article V of the Time Limits rule.

        FINDINGS: 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 Fmployes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
                    Award Number 20063 Page 3

                    Docket Number CL-20045


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

        The claim is dismissed in accordance with the Opinion.


                      A W A R D


        Claim dismissed as per Opinion.


                            NATIONAL RAILROAD ADJUSTMENT BOARD AO) Ak4Z~t By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 14th day of December 1973.