PX71TIES Brotherhood of raintenance of Way Employes
 TO
 DISPUTE The Atchison, Topeka and Santa Fe Railway Gompany
 STATE"r
 OF CLAIM "Claim that former Illinois Division Trackman
 S. L. Hettina?r be reinstated with seniority,
 vacation, all bF·ncfit rights unimpaired and paid
 for all wage loss and/or otherwise made whole,
 account the claimant's name being improperly
 removed frar. the seniorit_- roster for failure to
 tile his address after he was force reduced."
 FINDINGS Upon the whole record, the t_oard finds that the parties
 herein are Carrier and Employes within the meaning of the -,railway
 Labor Act, as amended, and that this Board is duly constituted ;eider
 Public Lax 89-456 and has jurisdiction of the parties and the subject
 matter.
 claimant was employed as a trackman on Carrier's Illinois jivision.
 in a letter dated November 25, 1981, Claimant was advised thats

              "This is to confirm that close of work November 27, 1981 you are off-in-force reduction, subject to recall per Rule 2 Section C of the Maintenance of Kay Agreement in part as followss


                  'Employes laid off in fcrcc reduction shall retain their seniority provided they (1) file their addresses in writing within fifteen (15) calendar days after being displaced; and (2) promptly report in writing any su:,,sequent changes in their addresses. The reporting required herein must be addressed to the Division Engineer.


                  Failure to meet any of the requirements as above specified, failure to report on the Satc -Indicated

                                        Award No. 14 - 3.90$

                                        Page No. 2


              in the notification of recall, not to exceed fifteen (15) calendar days from date of notificatioa of recall forwarded to the employe's last known address, without a satisfactory reason, will result in forfeiture of seniority in the class where recalled.'."


      In a letter dated December 21, 1981, Claimant was further


advisedi

              '!In accordance with Rule 2, Section C of the Agreement, Brotherhood of Maintenance of Way Rmployes, your name is being removed from the Illinois Division Trackman seniority Rester effective December 21, 1981 for failure to file your address in writing within fifteen (15) calendar days after being displaced.,,

      Tlna dais now before the Board was filed by the Crganization in


a letter'datsd February 24, 1982.

      Initially the Carrier takes the position that the cispute was


not timely filed in accordance with the provisions of L<ute 1=,
 Section (a)(1)of the Agreement reading in parts

                  '(a) All claims or grievances must be presented in writing by or on behalf of the employe involved, to the officer of the company authorized to receive same, within sixty (60) days from the date of the occurrence cn which the claim or grievance is based xx:ac. "

The Board holds that the date on which the tine limit began to run, in the claim now before it, was the date of Carrier's letter dated Decarber 21s 1981. Since the dispute was not initiated with the Carriftr ustii the Organization's letter of February 24, 1952, it eras beyond the sixty (60) day requirement of the Agreement.
                                      PLB - 3308


                                      Award ":o. 14

                                      Pace ":o. 3


The Hoard finds Carrier's procedural objection well founded. It cannot ignore or refuse to enforce valid objections because they are of a technical nature. Many decisions of varioue Divisions of the National Railroad Adjustment Foard have held that we are without jurisdiction to hear clairs and/or -:rievances which have not been presented and/or progressed in accordance with contractually imposed tine limits,
 For the reasons hereir_above stated, we are precluded from considering the merits, therefore, the claim must be dismissed.
 Even if ve vere able to consider the merits, the claim in without Agreement support. The record reveals that Claimant did not file his address within fifteen calendar days as required by the ::__^_reement.

 AWARD Claim dismissed.

                                    2

                                    Clarenc~ gtcn

                                    ';eutral r1em1


~i
 Z
      4.A A A,

      arr er Member( organization i:2m` er


Dated at Chicago, Illinois March 1, 1983