THIRD DIVISION Docket Number MS-2470.


                    Robert W. McAllister, Referee


                (James H. Carmine, III


PARTIES TO DISPUTE:
                (National Railroad Passenger Corporation


STATEMENT OF CLAIM:
1. The National Railroad Passenger Corporation (Amtrak) has failed to honor its Agreement with the Brotherhood of Maintenance of way Employees in that the National Railroad Passenger Corporation (Amtrak) has failed to recall furloughed employees in order of seniority as required by Rule 20 of its agreement with the Brotherhood of Maintenance of Way Employees.
2. The National Railroad Passenger Corporation (Amtrak) has disregarded the seniority provision of its Agreement with =he Brotherhood of Maintenance of Way Employees in that it has promoted junior employees in preference over senior employees.
3. The Brotherhood of Maintenance of Way Employees has failed to adequately represent Petitioner James H. Carmine III in pursuing his disputes, as stated above, against the National Railroad Passenger Corporation (Amtrak).
OPINION OF BOARD: The Claimant, James H. Carmine, III, entered the Carrier's
 service as a Trackman on June 11, 1979. He was nvrking as a
 trackman in the Carrier's Northeast Corridor Southern District when his position
 in Gang A792 was abolished effective Lkacember 31, 1980. The record indicates the
 Claimant thereafter exercised seniority in various trackman positions. On
 January 22, 1981, the Claimant filed a furlough form. On June 5, 1981, the
 Claimant submitted a time claim against all time made by Employee Michael Trosino
 from the time of Claimant's furlough (January 22, 1981) to the.date of the claim.
The Carrier denied the claim on the basis it was not within the sixty (60) day time limit required by the collective bargaining agreement; that the claim did not specifically cite what work was supposedly involved; that the claimant lacked seniority as a General Foreman, which seniority was required to fill the position in question.
        With respect to the requirements of Rule 64, the Bard finds the record

clearly shows the Carrier's denial is dated July 15, 1981. Rule 64 states, in
 part:
 "(c) If a disallowed claim or grievance is to l~
 appealed, such appeal must be in writing and must
 be taken within sixty (60) days from receipt of
        notice of disallowance... ·

            Award Number 24649 Page 2

                      Docket Number MS-24701


The record further establishes the Claimant chose not to utilize the avenue of appeal as required by Rule 64. Therefore, this Board, in accordance with the specific provisions of Rule 64, must consider the matter closed. The failure to progress the claim on the Carrier's property is procedurally,defective and mandates dismissal of this claim.
        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 Employe 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 Claim is barred.


                          A W A R D


        Claim dismissed.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest: z
        Nancy J. v -Executive Secretary


Dated at Chicago, Illinois, this 30th day of January, 1984
                                                  w