(Richard B. Smith
PARTIES TO DISPUTE:
(Illinois Central Gulf Railroad

STATEMBNT OF CLAIM: "this is to nerve notice as required by the rules of
the Rational Railroad Adjustment Hoard, of op inten
tion to file an ex part* submission on this the Twenty-Sixth Day of January,
in the year of Nineteen-H)sadred sad Eighty-Tyro, covering an unadjusted dis
pute between Richard B. Smith sad the Illinois Central Calf Railroad involv
ing the question: That acid party (Mr. Smith) was dismissed from his position
as Trackeaa of Maintenance of Wary Employees illegally by the Illinois Central
Gulf Railroad and Co-Respoadants 3. B. Powell-Division Engineer, J. 8. Harring
Lon, and Supervisor H. B. Payne, etc."

OPINION OF HOARD: The initial question before this Hoard is whether Claimant's
petition to the Third Division vas properly riled in accord
ance with provisions of the controlling agreement and the applicable Rules of
this Hoard. From the record submitted to this Division, it is apparent that
Claimant was clean' obligated to file the instant claim with this Hoard within
nine (9) months of date of declination by Carrier's highest officer authorized
to handle claims. Carries, in its submission, points out that Claimant never
instituted his complaint within the time limits and steps of appeal as set forth
in the pasties agreement. The record is barren of any ouch handling is the
usual manner as proscribed in the Railway Labor Act. The Boles of this Hoard
are uniformly applicable to the national railroad industry and implicitly indexed
to the time limit provision of the collective bargaining agreements regulating
the labor relation functions in the industry. Tie are compelled by the force sad
consistency of oar decisional law to sustain Carrier's determination of Claimant's
failure to comply pith timely handling of this claim. The present claim is
juriadictionally defective.






                    Award Number 24147

                    Docket Number b6-24540


That the Carrier sad the Employe involved is this dispute are respectively Carrier and Employe w approved June 31, 1934;

That this Division of the Adjustment Hoard had jurisdiction over the dispute involved herein; and

          That the Claim is barred.


                        A W A R D


          Claim dismissed.


                                NATIONAL Ff1ILHOan ADJDBTIMt HOARD

                                $y Order of Third Division


Attest: Acting Executive Secretary
National Railroad Adjustment Hoard

Btr
Rosemarie Prasch, Administrative Assistant

Dated at Chicago, Illinois, this 27th day of January 1983.

                                            ~CGEI~., v


                                            ~C~ no Offlcg .

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