NATIONAL RAILROAD ADJUSTJIAT BOARD

Award Rwaber 22449

THIRD DIMI011 Docket Musbes MS-224'/1

William K. Edgett, Referee

(Catherine O'Brien PARTIES TO DISPUTE: (Grand Trunk Western Railroad Company

BTAT' G' CLAIM: "This is to serve notice, as required by the rules
of the National Railroad Adjustment Board, of
lls. O'Brien's intention to file an ex parts submission on Thursday,
June 8, 1978, covering an unadjusted dispute between Ws. O'Brien and the
Grand Trunk Western Railroad Company, involving the question:

Was Ms. Catherine O'Brien wrongtl:lly discharged from her employment for tardiness, when said tardiness was a direct result of a job-related anxiety nsarosls with depressive reaction due to uncommon pressures of ha employment, where the railroad knew, or reasonably should have known, of her physical and emotional condition, and the cause thereof!"

OPINION OF BOARD: Carrier has raised two defenses, at least one of
which it asserts precludes the Board from
considering the claim on its merits.

First Carrier points out that the claim as presented to the Board is substantially different from the claim as it was handled on the property. In her sabmisaion to the Board claimant alleges that the tardisesa which led to her discharge resulted from a job related anxiety neurosis. That contention was never made on the property and the board is precluded from considering it (Award 19330).

In addition Carrier points out that Carrier declined the esploye'a appeal in a letter dated Anguat 3, 1977. Thus the time limit for institution of proceedings at the Board ran out on My 3, 1978. Claimant's letter of intent was dated 14y 9, 1978 and received by the Board on May 11, 1978. There can be no doubt that eladaast''s appeal vas'not timely. Nor can there be any doubt about the effect of that lack of timeliness upon the jurisdiction of the Board. In such circumstances the Board has consistently held that it lacked jurisdiction to consider the claim.

For the reasons stated the claim must be dismissed.

Award Number 22449 Page 2

Docket Number ig_2247,

INGB: The Third Division of the Adjustment Hoard, 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 dune 21, 1934;

that this Division of the Adjustment Hoard has jurisdiction over the dispute involved herein; and

'1'tiat the clalk asst be dismissed.

A W A R D

Claim diiaissed.

NATICBAL RAILRMD ADJUSTMENT HOARD

$y Order of Third Division

91`x$1': f~.

Executive R~retsky

bated at Chittago, Illinois, this 13th f49 o' JhIr 1979.