Parties to the Dispute
PUBLIC LAW BOARD NO. 4431

 BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

 VS.

 BURLINGTON NORTHERN RAILROAD COMPANY

 STATEMENT OE CLAIM
Claim of Machine Operator H. J. Venstad for all time lost as a result of ten-day suspension and removal of discipline marls from his personal record.

 FINDINGS
Claimant H. J. Venstad was assigned as a Machine Operator. On October 3, 1986, he was operating a Galion Crane when it tipped over while he was performing a fob with it. As a result, Claimant was charged and an investigation was held. Following the investigation, Claimant was found guilty of a violation of Rule 931 of the Rules of the Maintenance of Way Department and assessed a ten-day suspension.
 The Organization protested the ten-day suspension and processed the claim to the highest designated Carrier Officer. The claim was denied on March 16, 1987, by Carrier's highest designated Officer to
 L!L(31-15

 hand grievances. Petitioner listed this case before the Board on January 8, 1988.

tained in Schedule Agreement Rule 42(c) for progressing claims to a
 q __,- BI.X.
 Board. That rule states that ~ monthsis allowed to progress a claim
 to the Board or it will be barred.
 The Board has reviewed the case from this perspective and we are forced to conclude that the Petitioner was late in progressing the claim to the Board. As such, we are forced to dismiss it.

AWARD

The claim is dismissed.




B. . Clover, Employe Member ice--. M. Timberman, Carrier Member

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 Dite of Adoption