- HATIOHAL RAILROAD AnmsTrr BOARD

                      Award Humber 24398

                      THIRD DIVISION Docket Number NS-24502


                          Rodney S. Dennis, Referee
                          (Kenneth James masnik PARTIES TO DISPUTE:
                          (Chicago, Milwaukee, St. Paul and Pacific Railroad Company


                              STATEMENT OF CLAIM: "This is to serve notice, as required by the roles of the

                              National Railroad Adjustment Board, of my intention to file an ex-pnrte submission on 2/19/82 covering an mndjustcd dispute between myself and The Milwaukee Railroad involving the question of why I an not notified prior to the recovery of an illness that I vonld need, as a requirement to receive s The day of my questioning being referred to as of a claim submitted for the date of July 10, 1980."


                              OPINION OF BOAR: Claimant, 3. Drasnik, is a regularly assigned Train Clerk

                              in Carrier's employ at Galawood, Illinois. On July 10, 1980, he called in sick and laid off. When he returned to work on July 13, 1980, he requested a day's sick jay. His request was denied by Carrier on July 14, 1980.


                              On September 10, 1980, a claim was filed on behalf of fsesnik. That claim was denied by Carrier on October 1,3, 1980. The claim was them appealed to Carrier's highest officer on November 19, 1980· On January 5s, 1981, it was finally denied by that officer.


                              Claimant served notice on the Executive Secretary of the Third Division, HNAB, on January 19, 19W$ of his intent to file an e:-parts submission to the Board. That submission, in letter from, was subm February lq, 1982.


                              Osrrier denied the original &'s'- based on a time limit infraction by Claimant, It argued before this Board that Claimant's subnissiod.to the

                              Board did not take place unto sore than 12 months after the final denial by C$1Tier's highest official. Rule 36 of the parties' agreement requires that such Claims be filed with the Board within nine months of final denial by

                              Carrier. On this basis, Carrier requests that the claim be dismissed as untimely filed.


                              This Board has carefully reviewed the record of this case and must agree that Claimant's submission to this Board was nntimelys, since it was

                      beyond the nine-month limit, and that therefore this claim mast be dismissed. t

                                    Avard Number 24398 page 2

                                    Docket Number M3-24502


                      FIRM=: The Third Division of the Adjustment Board, upon the whole roomd
                            and all the evidences finds and holds:


                            That the parties waived oral, hearing;


                      That the Carrier and the Employee involved in this dispute are respectively Carrier and Employee within the meaaing of the Railway Labor Actp as approved Jane 21, 1934;

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

                            That the 67,11- is barrede


                                        A W A R D


                            Claim dismisseds


                                                NATIONAL RAILROAD AWMTMT BOARD

                                                By Order of Third Division


                      ATTEST: Acting Executive Secretary
                            National Railroad Adjustment Board


                      By
                            Rosemarie ~h'nsch - Administrative Assistant


                      Dated at Chicago., I111noisp this 26th day of May 1983.

                                                          ~,ECEmEO ,


                                                          JUL 2 71983


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