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