NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MS-25349
Marty E. Zusman, Referee
(Samuel Lewis, Jr.
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
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 4
August 1983 covering an unadjusted dispute between me and the Consolidated Rail
Corporation involving the question: 10 day suspension, on the charge of
Being remiss in your obligation as an extra clerk, by failing to report
for assignment of third trick Statistical CZerk,...on Wednesday, 27 May
1981. Also absenting yourself from duty without permission, when being
unavailable for assignment to third trick Hump Clerk on Saturday, 30
May 1981.
Thirty (30) days suspension, on the charge of
Being remiss in your obligation as an'extra clerk, Operation Control
Center, Phila., PA account being unavailable for assignment to third
Hump Clerk position on Monday, 8 June 1981 and Saturday, 20 June 1981.
Sixty (60) days suspension, on the charge of
Being remiss in your obligation as an extra clerk, Operation Control
Center, Philadelphia, PA when absenting.yourself from duty without
permission commencing 2:04 pm Wednesday, 24 June to and including
Sunday, 28 June 1981..."
OPINION OF BOARD: This Board has carefully reviewed the instant case and must
forego both a discussion and a determination of merits because
of a clear lack of jurisdiction that stems from a procedural defect in the case
at bar. From the record and the governing Agreement between the parties it is
abundantly clear that the Claimant had until May 15, 1983, to file a claim. The
record before this Board shows that Claimant instituted this Claim on July 5,
1983, in violation of Rule 43 Paragraph (e) of the Agreement. As such, this
Board lacks jurisdiction, as this late filing constitutes an improper submission
in that it does not fulfill timely appeal requirements within the Agreement.
Such a ruling by this Board is consistent with a long list of past Awards (Second
Division Awards 6637, 7164, 7182; Third Division Awards 20251, 20330, 21983,
23947, 23466, 23520, 24047, 24360 and 24475). Parties to Agreements are enjoined
to observe time limits strictly and failing to do so negates the action.
Award Number 25313
Docket Number MS-25349 Page 2
FINDINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
That the Carrier and the Employes 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.
A W A R D:
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
10
Nancy ver - Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1985.