Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27625
 THIRD DIVISION Docket No. SG-26848
 88-3-85-3-603
 The Third Division consisted of the regular members and in
 addition Referee Eckehard Muessig when award was rendered.

 (Brotherhood of Railroad Signalmen
 PARTIES TO DISPUTE:
 (Burlington Northern Railroad Company



Claim on behalf of H. E. Whittles et al for 320 man days or 2,560 straight time hours to be divided between the Claimants at their respective rates of pay as follows:

 _Name Position Hours
 H. E. Whittles Retarder Yard Maintainer 176.8 hours
 D. J. Karlovich Retarder Yard Maintainer 176.8 "
 E. A. Richardson Retarder Yard Maintainer 91.4 "
 J. C. Norvell Retarder Yard Maintainer 176.8 "
 T. M. Gielau Signalman 176.8
 M. K. Skinner Signalman 176.8
 G. D. Barker Signalman 176.8
 J. M. Varnold Signalman 85.4
 J. J. Shott Assistant Signalman 176.8
 W. D. Serdahl Assistant Signalman 176.8
 R. D. Simmons Assistant Signalman 176.8 "
 T. R. Pedigo Assistant Signalman 176.8
 G. D. Smith Assistant Signalman 176.8
 T. E. Gooley Assistant Signalman 176.8
 D. E. Malone Forman (sic) 85.4
 J. L. Hennefent Assistant Signalman 176.8

 This claim account Carrier allowed or permitted outside forces not covered by the agreement to perform signal work and violate the Scope Rule. General Chairman file: C-84-379B. Carrier file: GSI-84-12-1.

Claim on behalf of H. E. Whittles et al for 300 man days or 2,400 straight time hours to be divided between the Claimants at their respective rates of pay as follows:
 Form 1 Award No. 27625
 Page 2 Docket No. SG-26848
 88-3-85-3-603
 _Name Position Hours
 H. E. Whittles Retarder Yard Maintainer 155 hours
 D. J. Karlovich Retarder Yard Maintainer 155
 E. A. Richardson Retarder Yard Maintainer 155
 J. C. Norvell Retarder Yard Maintainer 155
 T. M. Gielau Signalman 155
 M. K. Skinner Signalman 155
 G. D. Barker Signalman 155
 D. E. Cavanah Signalman 75
 J. M. Varnold Signalman 80
 J. J. Shott Assistant Signalman 155
 W. D. Serdahl Assistant Signalman 155
 R. D. Simmons Assistant Signalman 155
 T. R. Pedigo Assistant Signalman 155
 G. D. Smith Assistant Signalman 155 "
 B. E. Lampitt Assistant Signalman 75
 T. E. Gooley Assistant Signalman 80
 S. W. Boone Assistant Signalman 75
 J. M. Houston Foreman 155

 This claim account Carrier allowed or permitted outside forces not covered by the Agreement to perform signal work and violate the Scope Rule. General Chairman file: C-84-379. Carrier file: GSI-84-11-30."

 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.

        Parties to said dispute waived right of appearance at hearing thereon.


The controlling Agreement contains a time limit rule and that rule, in pertinent part, states that all claims must be presented within sixty (60) calendar days from the date of the occurrence on which the claim or grievance is based. In the case at hand, the record shows that the claim before us was presented more than sixty (60) days from the date of the occurrence on which it is based.

 While the Board much prefers to consider claims on their merit, we are required to apply the written contractual language. Therefore, the claim before us not being handled in "the usual manner" as required by the Railway Labor Act, it is outside our jurisdiction.
 Form 1 Award No. 27625
 Page 3 Docket No. SG-26848
 88-3-85-3-603

                        A W A R D


        Claim dismissed.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest.
        Nancy J er - Executive Secretary


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