NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MS-25000
Eckehard Muessig, Referee
(K. A. Marr
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM: "This is to serve notice, as required by the rules of
the National Railroad Adjustment Board, of my intention
to file an ex parte submission on February 11, 1983 covering an unadjusted
dispute between me and the Burlington Northern Railroad involving the
following question.
(For the purpose of identification such notice will state the
question or claim involved.)
The claim is that I was discharged from my place of employment for
the reasons of alcoholism. I feel that alcoholism is a sickness that should
be compensated for. If I am unable to work because the BURLINGTON NORTHERN
RAILROAD stated that I am an ALCOHOLIC, then I should be compensated for that
sickness."
OPINION OF BOARD: The claim under dispute was presented directly to this
Board by the Claimant.
The controlling Agreement contains a "time limits on claims and
grievances" rule which sets forth time frames and appeal steps to be followed
by the parties.
In the instant case, the record is clear that the claim was not
submitted in accordance with the provisions of the Agreement. Accordingly,
the Board has no jurisdiction to consider the merits of the case.
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 filnployes involved in this dispute are
respectively Carrier and Employes 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.
Award Number 24804 Page 2
Locket Number MS-25000
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: ,
Nancy ver - Executive Secretary
Dated at Chicago, Illinois, this 30th day of April, 1984
