John E. Cloney, Referee


              (Kyle Looney, Jr.


PARTIES TO DISPUTE:
              (National Railroad Passenger Corporation -(Amtrak)


STATEMENT OF CLAIM:
"I am seeking an award on time claim for wrongful discharge, also termination under rules 18 6 22."

 OPINION OF BOARD: Claimant had been considered resigned from his position
 effective July 8, 1982, after an absence without notifi
 cation. On January 25, 1983, after Hearing, Carrier upheld his appeal. He
 subsequently received a return to duty physical on February 23, 1983, and was
 found fit for service. Under Rules 18 and 22 Claimant then had 10 days within
 which to make a displacement or file furlough papers. He filed furlough
 papers on March 27, 1983. By letter of April 19, 1983, Claimant was advised
 he had forfeited his seniority by failure to comply with Rules 18 and 22.

 Apparently nothing further was heard from Claimant until the Organization wrote Carrier on Decem the position that time limits had long since passed but agreed to a conference with the understanding its position on timeliness was not waived. The conference took place on Janua denied. By letter dated November 26, 1984, Claimant served notice of his intention to file an Ex Par
It seems clear, as Carrier contends, this case was not progressed in "the usual manner" on the property or within the prescribed time limits.

        As was held in Award 23466:


          "This Board is very sensitive to the sometimes difficult road an individual must travel in seeking redress . . . .Nevertheless, we cannot ignore the time limits within which grievances must be pursued, or the procedures designed to resolve disputes on the property. To do so would defeat the purposes of the Railway Labor Act and would effectively rewrite the Agreements between the parties . . . .

                      Award Number 26165 Page 2

                      Docket Number MS-26022


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

        The Claim is barred.


                        A W A R D


        Claim dismissed.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest:
        WIVE


      Nancy J.'Dever - Executive Secretary


Dated at Chicago, Illinois, this 29th day of October 1986.

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