NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 20655

THIRD DIVISION Docket Number CL-20553

Joseph A. Sickles, Referee

(Brotherhood of Railway, Airline, and Steamship ( Clerks, Freight Handlers, Express and Station ( Employes PARTIES TO DISPUTE: (J. F. Nash and R. C. Haldeman, Trustees of the ( Property of Lehigh Valley Railroad Company, ( Debtor

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood, (GL-7430),that:

(a) The Carrier violated the Rules Agreement, effective May 1, 1955, particularly Rules 19(e) and 55(a), when position of Grain Clerk, Buffalo, N. Y., Buffalo Division, rate $808.36 a month, incumbent Mary B. Warner, was abolished, effective with close of tour of duty March 7, 1972, and a portion of the duties were assigned to Rate Clerk position, incumbent P. A. Maholsic, rate $785.04, and to Rate Clerk position, incumbent J. A. Renne, rate $732.61.

(b) P. A. Maholsic and J. A. Renne each be paid the difference between their rate of pay and that of of Grain Clerk, beginning March 8, 1972, and continuing until their rate of pay is made equal to the rate of the abolished position of Grain Clerk.

(c) Position of Grain Clerk, Buffalo, N. Y., rate as of

March 7, 1972, be restored and affected employes recalled in accor
dance with Article I, Section 3 of the Mediation Agreement of Febru
ary 7, 1965. (Case No. 58/72)

OPINION OF BOARD: Carrier asserts that the dispute is not properly
before the Board because a claim was not submitted
in a timely manner.

The position was abolished on March 7, 1972. A claim

(as contemplated by the Agreement between the parties) was not submitted until June 6, 1972. Rule 33 valid.

Thus, a review of the record compels us to conclude that the claim which is pursued here was not filed in a timely manner and we have no alternative but to dismiss the matter.

Award Number 20655 Page 2

Docket Number C,-20553

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 the Railway Labor Act, as approved June 21, 1934;

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

That the claim be dismissed.

A W A R D

Claim dismissed.

NATIONAL RAILROAD ADJTTSTnT?T'r nnARn

By Order of Third Division

ATTEST: (/G ill~I,

Executive Secretary

. Dated at Chicago, Illinois, this 21st day of March 1975.