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                  THIRD DIVISION Docket Number MS-21791


                      James F. Scearce, Referee


                    (Robert A. McNamara

      PARTIES TO DISPUTE:

                    (Consolidated Rail Corporation !

                    ( Former Penn Central Transportation Company


      STATEMENT OF CLAIM: Whether claimant, Robert A. McNamara was properly

      dismissed from the service of Penn Central Trans

      portation Company on April 1,3, 1972 for allegedly violating Rule 113 of

      the Rules for Conducting Transportation and whether claimant, Mr. Robert

      A. McNamara, received a fair and impartial hearing and was adequately and

      properly represented at the investigation hearings held on April 5, 1972

      and April 10, 1972 in the matter styled INVESTIGATION IN THE MATTER OF TTY

      COLLISION OF MAINTENANCE OF WAY GAS CAR NUMBER 1003 and TRAIN HR-21.


      The above investigation and dismissal resulted in the loss of wages and pension benefits for claimant.


      OPINION OF BOARD: Claimant, a track foreman, was dismissed from service

      of the Carrier on April 13, 1972, following a hearing

      held on April 10, 1972. Claimant was found responsible for failing to

      operate a track car in accordance with Carrier's Rule 113, on the Inside

      Lead Track Harlem River Yard on April 3, 1972, resulting in a collision be

      tween the track car and a train. Clai.^nant was restored to service as a

      track foreman on September 11, 1972, following an understanding reached

      between Carrier and the Organization that all time Claimant was held out of

      service would serve as a suspension for the violation of Carrier's Rule 113,

      which resulted in the above mentioned track car-train collision.


      On April 19, 1976, Claimant filed Notice of Intention and subsequent ex parte submission, seekin that Claimant be reimbursed for loss of wages during the period of his suspension.


      The Board, after careful consideration of the entire record and evidence therein, finds that the Parties to the controlling Agreement reached an understanding as to disposition of the initial claim submitted on the property and the instant claim is deemed to be moot. Moreover, the instant claim was not filed with this Board within the nine (9) month period following decision of Carrier's highest officer, as provided in the Parties' Agreement, to enable this Board to assume jurisdiction. Accordingly, for these reasons the claim must be dismissed.


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                      Award Number 21859 Page 2

                      Docket Number W-21791


          :INDBIGS: 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; and

 That this Division of the Adjustment Board lacks jurisdiction aver the dispute involved herein; and that the claim be dismissed.

                      A 'd A R D


          Claim dismissed.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division'


          ATTEST: Executive-Secretary


          Dated at Chicago, Illinois, this 18th day of January 1978.