(James P. Maher PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "IA Wrongfully and arbitrarally (sic) discharged as

Fireman Trainee on July 25, 1969.


1B Unjustly and arbitrarally (sic) discharged from Switchtender Trainee on August 25, 1970 after resigning on August 24, 1970 as a clerk to transfer to Switchtender Trainee and was refused clerk's position back."

 OPINION OF BOARD: An examination of the record in this dispute shows
 that Claimant's asserted claim arose on August 25,
 1970. The first written notification to Carrier was September 30, 1971
 - not from Claimant but from a member of the New York legislature.
 Even assuming that a New York Assemblyman was an appropriate representa
 tive of Claimant in these circumstances, no action was taken within the
 60 day period as required by Rule 4-D-1(a).

 In addition, Claimant failed to progress this claim to this Board within the nine month requirements of Rule 4-D-1(c).

 Under the circumstances there is no alternative but to dismiss the claim.

 FINDINGS: The Third Division of the Adjustment Board, after giving
 the parties to this dispute due notice of hearing there
 on, and upon the whole record and all the evidence, finds and holds:

 That the Carrier and the Employes involved in this dispute are respectively Carrier and E~loyes 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


                  A W A R D


        Claim dismissed.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST: ~.~,
 Executive Secretary

 Dated at Chicago, Illinois, this 31st day of January 1978.