Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27318
THIRD DIVISION Docket No. MW-26778
88-3-85-3-537
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. A. Lalli on the Allegheny 'A' Machine Operator Seniority Roster (System Dock
(2) Claimant R. A. Lalli shall be listed on the Allegheny 'A' Machine Operator Seniority Roster with seniority in Classes I and II dating from September 19, 1977."

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 18, 1984, Claimant protested the failure to properly list him on the Allegheny Division Machine Operator Seniority Roster. Although similarly listed on the 1982 and 1983 rosters, Claimant did not file protests concerning those rosters.

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 merit



Form I Award No. 27318
Page 2 Docket No. MW-26778
88-3-85-3-537
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division

Attest: i
Nancy J. e - Executive Secretary

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