(Richard H. Nicgorski
 PARTIES TO DISPUTE:
 (George P. Baker, Richard C. Bond, and Jervis
 ( Langdon, Jr., Trustees of the Property of
 ( Penn Central Transportation Company, Debtor

 STATEMENT OF CLAIM- This is to serve notice, as required by the rules
 of the National Railroad Adjustment Board, of my
 intention to file an ex parte submission on (30 days from date of this
 notice) covering an unadjusted dispute between myself and the Penn Cen
 tral involving the question:

 As, a member of B.R.A.C. Local 726 can a person (my self) be denied the right to mark off sick? Be denied my rate of pay under the merger protection agreements? and charged with a cause to keep from paying me a protective rate with No investigation. No cause proven. May 5, 1969. Not permitted to bump positions G16 and F577? What was my protective rate prior May 5, 1969?

 OPINION OF BOARD: The claim was denied in 1970. Approximately two
 and one-half (2~) years later, Claimant submitted
 the matter to this Board.

 The applicable Agreement requires that claims or grievances shall be barred unless within one year proceedings are instituted before an appropriate Adjustment B
We are unable to consider the merits of this dispute, because the claim must be dismissed on a "time limit" question. See Awards 16446 (Dorsey), 16329 (Heskett), 15924 (Ives) and 14171 (Wolf).



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: i
 Executive Secretary

 Dated at Chicago, Illinois, this 17th day of May 1974.