(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Missouri Pacific Railroad Company

 STATldWdT Or CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The discipline assessed Trackman Hosea Hollie was without dust and sufficient cause (Carrier's File S 310-238).

 (2) General Manager G. T. Graham failed to disallow the claim (appealed to him under date of September 1, 1978) as contractually stipulated within Agreement Rule 12, Section 2(a).

 (3) As a consequence of either or both (1) and/or (2) above, Claimant Hosea Ho11ie shall be allowed



Subsequent to the investigation, the Employe was dismissed from service.

 The claim was submitted on appeal to the General Manager on September 1, 1978, but a response was not issued until November 10, 1978 which was past the 60-day time limit specified is Pule 12, Section 2(a) of the agreement. Accordingly, the Organization asserts that the Carrier is required to allow the claim "as presented."

 We have considered the assertion that the ;tatter was iaproperly· appealed to this Board, but we are not inclined to dismiss a consideration of the case based upon. tzar assertion.

 It appears clear from a review of the record in his case tat the Carrier _f ailed to answer the anneal in a timely manner and, 2ccoriinE:;;, we are inclined to honor the claim :or compensation nor th a period of time until the appeal was answered in November o° i,1--j3. The only question yo be resolve: rhea is whether or not outside earnings should be 3edac-ea.
                    Docket Number MW-23309


The agreement states that if a claim is not answered within the contractually specified time periods it shall be allowed "as presented." Thus,, discussions of other Sections of the Agreement are not persuasive sad we x111 not permit the Carrier to deduct any outside earnings.

        FIfDINGS: The Third Division of the Adjustment Boards upon the whole record and all the evidences 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 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 ALZ7US'RtENT BOARD

                            By Order of Third Division


ATTEST: Acting Executive Secretary
 National Railroad Adjustment Board
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By ~2e
          > > t-~-L cs ~ J j-~ 1~ _


      osemarie Breach - Administrative Assistant

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Dated at Chicago, Illinois, this 26th day of May 19F2.