(James Mack Stout PARTIES TO DISPUTE:


STATEMENT OF CLAIM:



OPINION OF BOARD: On April 30, 1984, Claimant placed a Claim with Carrier
for immediate reinstatement from his dismissal. Carrier
by letter dated June 4, 1984, denied the Claim.

Rule 26(b) of the Agreement specifies that a denied claim is closed unless Claimant complies by timely listing it for discussion with the Manager-Labor Relations. But Claimant has failed to comply under 26(b).

Next, Rule 26(c) specifies that a claim being progressively denied is closed unless Claimant further complies by timely listing it for discussion with the Senior Director-Labor Relations. But Claimant has failed to comply under 26(c).

The time for procedural compliance in having discussions on the property has long since expired.

Because of Claimant's failure to progressively handle the Claim by the Rules of Procedure this Claim is now barred, which precludes us from considering the merits.

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



                        Docket Number MS-26315

                        A W A R D


        Claim dismissed.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest: 4;z'.0'
Nancy er - Executive Secretary

Dated at Chicago, Illinois, this 8th day of July 1986.

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