NATIONAL RAILROAD ADJUSTMENT BOARD
i Award Number 20253
THIRD DIVISION Docket Number MS-20318

Joseph A. Sickles, Referee

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

STATE= 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 February 28, 1973 covering

an adjusted dispute between myself and the Penn Central Transportation

Company, involving the question:

Under the merger protective agreement, am I a protected employee for services rendered between February 7, 1965 and the present date.

OPINION OF BOARD: The record shows a purported resolution of the claim in April, 1969.

Almost four (4) 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).

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 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

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Award Number 20253 Page 2

Docket Number MS-20318

That the claim will be dismissed.

A W A R p

Claim dismissed.

NATIONAL RAILROAD ADJUST.fENT BOARD

By Order of Third Division

ATTEST
Executive Secretary

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