Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27315
THIRD DIVISION Docket No. MW-26773
88-3-85-3-531
The Third Division consisted of the regular members and in
addition Referee Edwin H. Benn 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 Agreement was violated when the Carrier failed and refused to properly list Mr. R. L. Kadri on the Youngstown Division Lubricator Maintainer Seniority Roster (System Docket CR-859).

(2) Claimant R. L. Kadri shall be listed immediately ahead of Mr. T. A. Houser on the Youngstown Division Lubricator Maintainer Seniority Roster with a seniority date of May 17, 1982."

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 employes 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.



By written protest dated March 1, 1984, Claimant asserted that he should be listed as number 4 on the Lubricator Maintainer Seniority Roster instead of T. A. Houser. The 1983 roster was posted without protest by Claimant and contained Houser's name in the same position.

Claimant's protest is untimely. The 90 day filing requirement for seniority roster protests specified in Rule 4, Section 6(b) precludes our consideration of the merits of the Claim. See Third Division Award 27313.




Form 1 Award No. 27315
Page 2 Docket No. MW-26773
88-3-85-3-531
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division

Attest:


Dated at Chicago, Illinois, this 30th day of August 1988.