Brotherhood of Maintenance of Way Employee PARTIES 7U DISPUTE:

STAT941M CF CLAZ~I: "Claim of the System Committee of the Brotherhood that:
(1) The claims as presented by the General Chairman on June 14, 19'(8 to Assistant Chief Engineer W. R. Battling shall be allowed as presented because said claim was not disallowed by Assistant Chief Engineer W. R. Battling in accordance with Rule 23B 19'TS-16).

        *The letter of claim will be reproduced within our initial submission."


OPINION OF BOARD: The instant claim was filed with the officer of Carrier
 authorized to receive such claim. The officer of (terrier failed to answer within the 60-day period allowed for such answer under Rule 23B 1(a) of the Agreement, the rule dealing with Time Limit on Claims. Accordingly, in following the Award No. 10500 and authorities there cited), with which we concur, we sustain the claim as presented.

        FIHDIiVGS: The Third Division of the Adjustment Board, 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 terrier 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 violated.


                          A W A R D


        Claim sustained.


      ,. NATIONAL RAILROAD ADTUST·EtaT BOARD

      By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 6th day of October 1981.