(Brotherhood of filmy, Airline and Steamship Clerks, Freight Handlers, Express and Station Employee PARTIES TO D33PUTE:



1. Carrier violated the Agreement between the parties When on or about April 1, 1977, it caused, required or permitted work belonging to the agency at Cloverdale, Virginia to be transferred across seniority districts to the Roanoke, Virginia Agent under the jurisdiction of Seniority District No. 45.

 2. As a result of the foregoing violation Carrier shall now be required to compensate Agent M. A. Patterson four each day commencing April 1, 1977, eight (8) hours at the Cloverdale., Virginia rate of pay. In the absence of Agent Patterson Carrier shall be required to compensate the employe relieving him or should Agent This claim is to be continuous.

 3. Carrier violated the Agreement between the parties when on or about April 18, 1977r it caused, required or permitted work belonging to Agency at Buchanan, Virginia to be transferred across seniority districts to the Roanoke, Virginia Agent under the jurisdiction of Seniority District No. 45.

 4. As a result of the foregoing violation Carrier shall now be required to compensate Agent C. E. Ballard for eight (8) hours each day commencing April 18, 1977. In the absence of Agent Ballard Carrier shall compensate the employe relieving him or should Age his successor. This claim to be continuous.

 OPINION CF BOARD: The Organization alleged that the Carrier violated the
 parties' Agreement by causing, requiring or permitting work to be transferred across seniority districts on April 1, 1977 and April 18, 1977. Claims were presented by the Organization to the Carrier on October 28, 1977 and November 16, 1977.

                    Docket Number CL-22788


Rule 38(a) - TIME LIMIT ON CLAIMS - reads in pertinent part as follows:

                "(a) All claims or grievances must be presented in writing by or on behalf of the employe involvedt to the officer of the Carrier authorized to receive same., within 60 days from the date of the occurrence on which the claim or grievance is based."


Under Rule 38(a)., a claim presented approximately seven (7) months from the date of the occurrence on which it is based is untimely. Therefore.. the instant claims are out of time and must be dismissed.

          FmINGS: 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 Employee involved in this dispute are respectively Carrier and Employes 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 Agreement was not violated.


                      A W A R D


          Claim dismissed.


                              NATIONAL RAILROAD ADPU51KOT BOARD

                              By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, M1noiss this 30th day of January 1981.

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