NATURAL RAILROAD ADJOSTIVIr BOARD

Award Number 22166
Docket Number M6-?2297

THIRD DIVISION

Abrahss Weiss, Referee

(Jerry Lee Preston PARTIES TO DISPUTE

STATBMT OF CLAM Senior Employee (Jerry Preston) laid oft while
j=ior employee (R. T. Rowan) was called back to work. Rowan was called back an February 10, 1977 and Preston was not called back until. April 18, 1977.

OPINION OF BOARD: Claimant who was furloughed January 31, 1977 was
recalled to service April 18, 19'77. On April 30, 1977, he filed a claim, alleging Junior employe vas recalled to service February 10, 1977, seeking overtime payment for February 12, 1977 and all wage loss until. April 18, 1977 when he was recalled to service. Carrier, in reply, cited Rule 2k(3)-- Filling Positions Temporarily--and further said claim was not presented within the sixty (60) day time limit specified under Rule 35 -- Maima and Grievances. The record contains no evidence that above claim ran further progressed on appeal under provisions of Rule 35.

Accordingly, the claim Petitioner is attempting to assert before the Hoard was not handled on the property in accordance with provisions of the applicable collective bargaining Agreement, as required by Section 3, First (i) of the Railway Labor Act and, therefore, is barred from consideration by the Division and will be dismissed.



That the parties waived oral hearing;

That the Carrier and the Employee involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Act,as approved June u, 193;



That this Division of the Adjustment Bosrd;lacks Jurisdiction orer the dispute involved herein; and

That the claim was not progressed on the property as required by the Railway Labor Act.

                  A W A R D


        Claim diamiased.


                      HATICE" RAILROAD ADJM714INT HOARD

                      By Order of Third Division


ATM=: t
ecutive Secretary

Dated at Chicago., Tllin^iag this 31st day of July 1978.