NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-20894
(Robert S. Dyer
PARTIES TO DISPUTE- (
(Illinois Central Gulf Railroad Company
STATEMENT OF CLAIM: This is to serve notice as required by the roles of
the National Railroad Adjustment Board, of my intention to file ex parte submission covering an
Robert S. Dyer and Illinois Central Railroad Company involving the im.
proper and unlawful discharge of Robert S. Dyer on February 20, 1969.
The submission is enclosed and has been sent to the other
parties' attorney.
OPINION OF BOARD: Claimant and Petitioner Robert S. Dyer, by decision of
Carrier's highest officer designated to handle claims or
grievances, on April 24, 1969 was discharged for failure to comply with the
requirements of the Union Shop agreement. This decision was reaffirmed on
July 18, 1969. On September 13, 1972 Claimant filed with this Board a
petition for review
which
was procedurally defective and accordingly returned for compliance with the Railway Labor Act an
August 2, 1974 attorneys for Claimant filed notice of intent to file an
ex parts submission.
Rule 700 of the controlling Agreement provides in pertinent part
as follows:
"... All claims or grievances involved in a decision by
the highest designated officer shall be barred unless
within 9 months from the date of said officer's decision
proceedings are instituted by the employe or his duly authorized representative before the appropria
of the National Railroad Adjustment Board or a system,
group or regional board of adjustment that has been agreed
to by the parties hereto as provided in Section 3 Second
of the Railway Labor Act.
.."
Carrier raises several jurisdictional and procedural objections
in this case, including that Claimant failed to comply with the requirements
of Rule 700 viz: that he did not within nine (9) months of the labor relation director's decision in
points out that the Agreement requirement is clear and that this Board has
numerous times held that claims not progressed within the specified period
of time are barred. See Awards 4072, 5250, 5425 (Second Division), and
13307 (Third Division.)
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Award Number 20837 Page 2
Docket Number MS-20894
We have reviewed the record carefully. Viewing the facts mast
favorably to Claimant, without conceding that the attempted filing of
Sqptember 13, 1972 was effective, it still must be found that he waited
three years after the final reaffirmation of his dismissal to institute
proceedings before this Board. There can be no doubt that such procrastination was at his peril and
of the clear language of Rule 700, the policy of promoting diligent
grievance processing and innumerable awards on this subject, we have no
alternative but to dismiss the claim.
FINDINGS: The Third Division of the Adjustment Beard, 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
The claim is time-barred and must be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT
BOARD
By Order of Third Division
ATTEST:
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Dated at Chicago, Illinois, this 24th day of October 1975.
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