NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number Ms-23135
PARTIES TO DISPUTE:
New Orleans Texmi.nal Company
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 covering an unadjusted dispute between me and
the Southern Railway System involving the question: The dispute between myself
(Nelson Lirette) and Southern Railway System whereas I was dismissed from
Southern Railway on grounds that I was sick too often, left early, and was
tardy too much.
I believe I was dismissed wrongly because I was legally sick during
the time that Southern Railway used as record in having me dismissed., etc."
OPINION OF BOARD: Mr. Nelson J. Lirette, the Claimant, chose to progress his
dispute to this Board as an individual. He was properly
informed of his rights and advised that the time limits prescribed in Rule C-3
(1)(c) of the applicable Agreement had been extended by agreement to February
1 1 0, within which to submit his claim to this Board.
The record clearly shows Claimant's letter of intent to file his
submission, dated March 10, 1980, did not reach the Board until march 12,
1980, failing to meet the extended time limit. Therefore, the claim must
be dismissed.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute ere
respectively Carrier and Employee within the meaning of the Railway Labor Act,
as approved June 21, 193+;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the claim is barred.
Award Number
23583
Docket Number
MS-23435
A W A R D
Claim dismissed.
ATTEST: Acting Executive Secretary
National Railroad Adjustment Board
By V
emarie Breach - Administrative Assistant
Dated at Chicago, Illinois this 10th day of March
1982.
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NATIONAL RAILROAD ADJUSafENT BOARD
By Order of Third Division
CEIVED~\
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