Joseph A. Sickles, Referee


(Harold G. Karn
 PARTIES TO DISPUTE:
 (Consolidated Rail Corporation

 STATEMENT OF CLAIM: "This is to serve notice, as required by the rules of
 the National Railroad Adjustment Board, of my intention
 to file an ex parts submission on March 20, 1980 covering an unadjusted dis
 pute between me affil CONRAIL involving the question:

 That Mr. W. MaliPf (Supervisor Q&5) erred in awarding the position advertised by Bulletin M 45 - 78, to Mr. J. Heaphy, and not to me, Harold G. Karr

 OPINION OF BOARD: The Carrier has pointed out that the Claimant failed to
 comply with certain time limits, as specified in the
 Agreement.

 We note specifically that the Employe did not present the dispute to this Board within the 9 month period mandated in the pertinent Agreement. Accordingly, regardless of the other contentions advocated by the parties, we find that we are without authority to consider the matter, and we will dismiss the claim.

        FINDINGS: 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 (terrier and the Employes 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 claim is barred.

                    Award Ntanber 23520 page 2

                    Docket Number !hS-23422

                    p W A R D


        Claim dismissed.


                              NATI(JW AD3i&'9tM B"p

                              By Order o_ 1'hW Dtvi.,q3o$


A-TT55IT:

        . , . vsa Se`vse'~e~.y _ _ .... . _. _ . ... ... ._ a 1w.


Dated ®t fh1.M8oa ='this ?9th dpv ofjan4kft 198p,.

 ~,FcEmE,

 Fy3 ? `~''~`°- .. i .
 c5. `/;.

 Office
 00 f f

Gr _.

y: