Parties to Dispute:


                      (

                      ( Penn Central Transportation Company


        Dispute: Claim of Employes:


            ~Wrongful disqualification as machinist at 59th Street Engine House and Inspection Pit after being fully qualified at 16th Street Diesel Shop for a period dating back to the year 1968.


        Findings:


        The Second 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

      rs dispute are respectively carrier and employe 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.


        On Friday, November 24, 1972, Claimant exercised his seniority rights to a machinist position at Carrier's 59th Street Enginehouse. He was advised on December 4, 1972 that because he failed to satisfactorily perform the duties of this position, he was disqualified as a machinist at the 59th Street Enginenouse in accordance with Rule 2-A-3 of the applicable agreement. It is claimant's contention that this disqualification was not proper and he wants any notation relative thereto removed from his service record.


            We are unable to reach the merits of the instant claim inasmuch as

' the claim was not handled in accordance with the provisions of Section 3,
    First (i) of the Railway Labor Act. Section 3, First (i) provides that

    "disputes ... shall be handled in the usual manner up to and including

    the chief operating officer of the carrier designated to handle such

    disputes." Since this dispute was not handled with the Director-Labor

    Relations, the highest officer designated by the Carrier to handle dispate;s,

    s,' the requirements of Section 3, First (i) have not been met and we are

    constrained to dismiss the claim as a result.

Form 1 Award No. 6874
 Page 2 Docket No. 6612-I
 2-PCT-I-'75
 A W A R D -

    Claim dismissed.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Second Division


Attest: Executive Secretary
 National Railroad Adjustment Board

        BY

        'Rosejnarie Brasch - Administrative Assistant


        Dated at Chicago, Illinois, this 3rd day of June, 1975.


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