.(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood of
 Railroad Signalulen on the Denver and Rio Grande Western Railroad Company:

 (A) The Denver & Rio Grande Western Railroad Company violated the Railroad Labor Act and their present agreement with the Brotherhood of Railroad Signalmen including supplements and revisions thereto on April 18, 1973 when it failed and/or declined to apply that Act and that agreement by changing the rate of
(B) The Denver and Rio Grande Western Railroad Company should now restore the rate of pay to the proper rate as agreed to by the agreement including revisions and in the total amount of $57.22 as shown by their published rates and to continue to restore any amounts improperly paid account the reduced rate until the proper rate for the position is restored.

 OPINION OF BOARD: Claimant is the incumbent of the first shift signal
 maintainer position in a retarder yard at Grand Junction, Colorado. Claimant was assigned to thi rate of pay as $5.07 per hour.

 October, 1972 through March, 1973, although Claimant's position had been bulletined at the Signa hour which, effective October 1, 1972 per national agreement, was increased to $5.32, Claimant put i Maintainer rate of $5.36 per hour.

 In April, 1973, it came to the attention of Carrier's auditing and Signal Departments that as a ($5.36) put in on his time roll by Claimant, Claimant had been overpaid for the period $41.60 at straight time, and $10.24 for overtime, making a total of $51.84.

 On April 18, 1973, the Signal Engineer wrote Claimant two letters. The first letter informed Claimant that he (Claimant) had been improperly submitting the wage rate on his time roll; instructed him to claim the correct time, which was that of a Signal Maintainer; and also inquired by whose authority Claimant was putting in for $5.36 per hour.
                  Docket Number SG-21229


The other letter informed Claimant that the money overpaid to him was being deducted from his second period earnings in April, 1973,. which was done.

 On April 22., 1973, Claimant wrote the Signal Engineer to the effect that he would henceforth show his rate of pay as a Signal Maintainer instead of leading Signa under protest.

 On June 11, 1973, the General Chairman.filed the instant claim, on behalf of Claimant,, with Claimant's Signal Supervisor.

 The basis of the claim was that under an old Memorandum Agreement dated January 29, 1953, the Ca
        Signal Maintainer on First Shift in retarder yard, Grand Junction, when such position established, to be classified as a leading Signal Maintainer.


Now, Carrier moves for dismissal of the Claim on the grounds that it was not filed within sixty (60) days of the occurrence of the alleged violation as required by Rule 67- of the Agreement.

 The record shows that the position on which Claimant bid was bulletined and advertised as a Signal Maintainer position with the Signal Maintainer rate of pay, $5.07 per hour. The validity of that Bulletin was not disputed, and no claim was presented with respect to the Signal Maintainer rate of pay advertised therein.
The Board finds that if Claimant thought the Bulletin was in error, incorrect, or improper, he should have submitted a claim within sixty (60) days of his knowledge of such alleged error. However, it was June 11, 1973, before the instant claim was filed.

 For the foregoing procedural violation the Board is compelled to dismiss the claim, and need not consider other issues presented in the record.

        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;
                  Award Number 21330. Page 3

                  Docket Number SG-21229


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.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST:
        Executive Secretary'


Dated at Chicago, Illinois, this 30th day of November 1976.