a George S. Roukis, Referee


                Sheree C. Campbell


PARTIES TO DISPUTE.
                Burlington Northern Railroad Company


STATEMENT OF CLAIM: "I was not used for job #012 (crew calling) even when I
 was available to protect this position on July 15, 16, 17, 19. 22. 23, 29. 30 and August 5. 6, 11, 12 of 1979. Instead junior employees Mr. Frank Kenealy and Mr. Dan Kenealy were used in my place. Granted., I had an investigation and was disqualified from PCX duties, but there was no mention at all of my being disqualified from any crew calling position. Thus, I feel that pay for 12 days are rightly due to me.

 Please also find under caption of "Statement of Facts" that I am fighting this claim for the moral aspects involving this whole incident.

 OPINION OF BOARD: The pivotal question before this Board is whether Claimant's
 petition to the Third Division was properly filed in accordance with the provisions of the controlling agreement and the applicable Rules of this Board. From the record submitted to this Division, it is apparent that Claimant was clearly obligated to file the instant claim with us by July 25, 1981 rather than August 23, 1981 and her late filing constituted as improper submission. The rules of this Board are uniformly applicable to the national railroad industry and implicitly indexed to the time limit provisions of the collective bargaining agreements regulating the labor relations function in the industry. Thus, unless a specific variance has been agreed upon by the parties at the sites of the appeals process to extend the time limit requirements, we cannot modify the parties agreement. By doing such we would be in effect re-Writing the parties labs agreement. Moreover, is view of the extensive discussion and Carrier's explicit extension of the nice months time limit requirements of Rule 59 Paragraph C on April 28,, 1981 we are compelled by the force and consistency o! our decisional law to sustain carrier's determination. The present claim is procedurally detective.

 See Third Division Award Nos. 17694, 15983, 72718x'8776, 8515, 8479, 8476, 8474, et. al.

        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 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;
                        Award Number 211047 Page 2

                        Docket Number MS-2+301


That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the C1sim is barred.


                          A W A R D


        Claim dismissed.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest: Acting Executive Secretary
 National Railroad Adjustment Board

 By OF '7':,.
        Rosemarie Brasch - Administrative Assistant


Dated at Chicago, Illinois, this 29th day of November 1982.

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