NATIONAL RAILROAD ADJUSTMENT
BOARD
THIRD
DIVISION Docket Number :MS-20637
Robert A. Franden, Referee
(Douglas P. Taylor
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
( -Western Lines -
STATEMENT OF CLAIM:
1. Douglas P. Taylor was wrongfully discharged from his
employment with the Atchison, Topeka and Santa Fe
Railway Company on August 11,
1971.
2. Douglas P. Taylor has been -wrongfully denied benefits
provided for in Article
3,
Section
(3)
of the Implementation Agreement dated April
6, 1971,
between the
Atchison, Topeka and Santa Fe Railway Company -
Western Lines and its employees represented by the
Brotherhood of Railway, Airline and Steamship Clerks,
Freight Handlers, Express and Station Employees
under the provisions of Article III of mediation
agreement number A-7128 dated February 7,
1965.
OPINION OF BOARD: A review of the record reflects that this claim was
not processed on the property in accordance with the
claim procedures set out in the appropriate Rules of the Clerks Agree
ment with the Carrier. The Agreement provides for a sixty
(60)
day
time limit within which the claim must be presented to the Carrier
officer authorized to receive same. This was not done.
Further Section 3, First (i) of the Railway Labor Act, as
amended, states that as a condition precedent to an appeal to this
Board, disputes must be handled on the property "in the usual manner up
to and including the chief operating officer of the Carrier designated
to handle such disputes".
Because of the procedural defects set out above, the claim is
barred from consideration.
,1
Award Number 20582 Page 2
Docket Nwmber :43-20637
B LVDINGS: The Third Division of the Adjustment Board, upon the whc_e
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
That the claim is barred.
A W A R D
Claim dismissed.
PIATIONAL RA=OAD ADJUS'LMIT BOARD
By Order of Third Division
ATT EST:
114W,
pAddget4t4-~
Executive Secretary
Dated at Chicago, Illinois, this 17th day of January 1975.