NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-26315
(James Mack Stout
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"Send (sic) home unjustly from Ashtubula, Ohio Rail Gang 210, was
told according to the computer I'm 84 years old and couldn't be
paid by T. W. Smallwood Production Engineer in person at Ashtubula,
Ohio October 17, 1984 9:45 AM."
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
That the Claim is barred.
Award Number 26061 Page 2
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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