Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27158
THIRD DIVISION Docket No. MW-27442
88-3-86-3-690
The Third Division consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

(1) The Carrier violated the Agreement when it improperly closed the service record of Mr. J. Taylor (System File 170-2-8513/11-960-40-57).

(2) Mr. J. Taylor shall be returned to service with seniority and all other rights unimpaired and he shall be compensated for all wage loss suffered."

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.



On May 11, 1984, Claimant, a member of the System Steel Gang on furloughed status, was recalled to service. He was instructed to report for duty on May 28, 1984. Because he did not report on that date or within fifteen calendar days from the date of notification of recall, Carrier concluded that he had forfeit Seniority), Rule 4 (Force Increases), and Appendix No. 20, Section 4. On May 29, 1984, he was sent a certified letter, return receipt requested, to that effect. Claimant signed a receipt for the letter.

On June 13, 1985, a claim was presented on behalf of Claimant for reinstatement to the roster and payment for time lost. When denied on the property, it was advanced to the Board for final determination.
Form 1 Award No. 27158
Page 2 Docket No. MW-27442
88-3-86-3-690

The Board, however, is barred from a consideration of this claim because of a major procedural defect in its filing. Rule 14(a)(1) of the parties' Agreement requires that claims be filed within 60 days from the date of the occurrence of the incident or event triggering the claim. The instant claim was not filed until thirteen months after that event. Under these circumstances, the claim must be dismissed.






                          By Order of Third Division


Attest:
      Nancy J. De xecutive Secretary


Dated at Chicago, Illinois, this 23rd day of June 1988.