PARTIES TO DISPUTE:



(Represented by Mr. Fred R. Profeta, Attorney-at-Law, New York,

New York)




STATEMENT OF CLAIM: Petitioner, M. R. Flammia, claims that his dismissal from service was unwarranted and not based on sufficient evidence.


OPINION OF BOARD: The record shows that the alleged dispute covered by this docket is not properly before this Board for the reason that it was not handled "in the usual manner" as proivided for in Section 3, First (i) of the Railway Labor Act, as Amended, and as set forth in the rules of the Agreement between The Railway Express Agency, Inc., and the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes.


FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


That the parties to this dispute waived or did not request hearing thereon;


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;