Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27157
THIRD DIVISION Docket No. MS-27423
88-3-86-3-620
The Third Division consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.
(James McCraney and David E. Salvino
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM: "James McCraney was discriminated against when the Carrier
(Burlington Northern Railroad) administered grave difference in discipline between Mr. McCraney
F. Avalos under the same circumstances of improper filing of labor
distribution."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employees involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute were given due notice of hearing thereon.
The facts of this case are on all fours with those in Third Division
Award 27155. As we noted there, this Division lacks jurisdiction because of a
major procedural defect in the filing of the claim, to wit, the failure of
Claimant to comply with the time limit provisions of the Agreement. As in
that instance, the case must be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attes~/:
Nancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of June 1988.