Form I NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27505
 THIRD DIVISION Docket No. MS-27708
 88-3-87-3-507
 The Third Division consisted of the regular members and in
 addition Referee Jack Warshaw when award was rendered.

 (Glen E. Rice PARTIES TO DISPUTE:

STATEMENT OF CLAIM:

 "Wrongful Discharge, Glen E. Rice, fully excepted 'Pricing Specialist' requests re fees."

 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.

The Claimant contends that he was constructively discharged when he was unwilling to perform allegedly felonious acts requested by his supervisor and thereby coerced into resigning from the Carrier's service. Denying the allegations that the Carrier demanded illegal or improper activities of the Claimant, the Carrier argues that the Claimant's resignation was voluntary.

 The Board finds that the claim was untimely filed when it was submitted more than five years aft January 1, 1982. Moreover, there is no evidence that a conference occurred as required by the Railway Labor Act. (Third Division Award 26275 - citing nine additional Awards). In addition there is no evidence that the claim was appealed on the property as required by the Agreement. (Third Division Awards 25252, 25298.)

 The Board finds that even if the merits could be reached, the claim would have to be denied as the Claimant resigned from the Carrier's service on January 1, 1982, and there is no evidence that such resignation was coerced. (Third Division Awards 19455, 19556, 21264, 26008.)
 Form 1 Award No. 27505
 Page 2 Docket No. MS-27708
 88-3-87-3-507




                          By Order of Third Division


Attest:
      Nancy Jfer - Executive Secretary


Dated at Chicago, Illinois, this 22nd day of September 1988.