(Daniel A. Frank PARTIES TO DISPUTE:

STATEMENT OF CLAIM:

OPINION OF BOARD: Claimant was sent a Notice of Investigatory Trial or Hear
 ing due to excessive absenteeism on February 20, 1985.
 After a postponement requested by Claimant the Trial was held on March 12,
 1985. On March 27, 1985, a Notice of Discipline of "Dismissal in all capaci
 ties", dated March 26, 1985, and effective immediately was sent to Claimant.
 In fact, two such documents were sent; one to Claimant's home address and the
 other to Willingway Hospital, Statesboro, Georgia, where Carrier had reason to
 believe Claimant had been admitted. The certified letter to Claimant's home
 address was apparently returned to sender. The return receipt from the hos
 pital shows delivery on March 29, 1985.

 By letter dated May 8, 1985, and received by the Amtrak Engineering Department on May 14, 1985, Claimant requested an appeal. The letter, on Willingway Hospital stationery stated:

The reference to an enclosed request for appeal is to a self-addressed form which had been supplied by Carrier with the Notice of Discipline. That form has a blank space in which Claimant was to note the date the discipline was "signed for." Claimant showed that date to be March 29, 1985.

 Included in the record is another document dated May 8, 1985, also on Willingway Hospital letterhead. Its text is:



                    Docket Number MS-27008


          seems to have gained good insight into the nature of his illness.


                        /S/ W. E. Gray, M. D."


        Rule 74 - Discipline, in the parties Agreement states in part:


          "(a) An employee who considers that an injustice has been done him in discipline matters and who to the appropriate Assistant Chief Engineer (Track C & S/ET, Structures) within fifteen (15) days, shall be given a hearing."


By letter of June 17, 1985, to Claimant Carrier responded that appeal was not taken within 15 days, and "For this reason alone, the appeal must be and is denied." This has remained Carrier's position throughout.

 Numerous National Railroad Adjustment Board decisions have established that Section 3, First (i) from considering Claims which have not been progressed and "handled in the usual manner" under the Agreement. Clearly this Claim was not in that no appeal was taken within 15
Without reference to the question of what might be the effect of inability to appeal in a timely Board notes there is no proof of such inability here. Claimant did state, without details or proof, that he had been "unable" to file earlier. The statement of Dr. Gray makes no such assertion and seems in fact to suggest the opposite.

 The Claim is procedurally defective and must be dismissed without re ference to its merit.

        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 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 26367 Page 3

                    Docket Number MS-27008

                    A W A R D


        Claim dismissed.


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Third Division


Attest:
      Nancy J.,Hev - Executive Secretary


Dated at Chicago, Illinois this 25th day of June 1987.