Docket Number MS-22324


(Julian Williams PARTIES TO DISPUTE: (The Alton and Southern Railway Company

 STATEMENT OF CLAIM: 1. Carrier violated the Clerks' Agreement, in
 particular Rule 10, when it dismissed Clerk
 Julian Williams from its service on June 12, 1976.

 2. Carrier's action was arbitrary, harsh and an abuse of discretion.

 3. Carrier shall now be required to reinstate Mr. Williams to service with all rights unimpaired and compensate him for all losses sustained with claim beginning on June 12, 1976, and continuing each day thereafter until he is returned to Carrier's service.

 OPINION OF BOARD: Under date of August 29, 1977, Petitioner notified
 this Board of his intention to file, within thirty
 days, an Ex Parte submission on the above Statement of Claim, in accord
 ance with Section 3 of the Railway Labor Act and Circular No. 1 of this
 Board. In due course, and in accordance with the procedures of the
 Third Division, respondent Carrier was notified of the pendency of the
 dispute and requested to file its submission.

 Petitioner died on October 1, 1977, before filing his submission and although his mother did communicate with the Board, her communications fail to meet the minimum requirements of Circular No. 1 regarding form and substance of a submission.

 Under these circumstances, the Board is left with no alternative but to dismiss the claim.

 FINDINGS: The Third Division of the Adjustment Board, upon the whole
 record and all the evidence, finds and holds:

Award Number 21998

Docket Number MS-22324


That the parties waived oral hearing;

 page 2

 That the Carrier and the Employe involved in this dispute are respectively Carrier and Employe 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

 That the claim will be dismissed.

 A W A R D
Claim dismissed.

 ATTEST
 Executive Secretary

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division


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