PARTIES TO DISPUTE:
EMMETT S. FERREE
CHICAGO AND NORTH WESTERN RAILWAY COMPANY



(1) 1 hereby serve written notice of intention to file ex parte submission 30 days from date this notice is given.

(2) The question involved is a matter of deprivation of merited severance pay as per agreement consummated by the carrier and the O.R.T. union Sept. 1962 (approximately $7500.00).





OPINION OF BOARD: Claimant seeks relief in the instant case on the theory that he was purposely provoked into submitting his resignation which was accepted by the Carrier as part of a conspiracy on the latter's part to deprive him of severance pay allegedly due him under the Agreement.


However, his claim was never presented in writing or handled on the property prior to submission to this Board.


Therefore, under Section 3, First (i) of the National Railway Labor Act, as amended, this claim must be dismissed since the jurisdictional requirement that it ". . be handled in the usual manner up to and including the chief operating officer of the Carrier designated to handle such disputes . . :' has not been met.


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




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;

That this Division of the Adjustment Board has jurisdiction over the di.pute involved herein.








Dated at Chicago, Illinois, this 24th day of January, 1969.

Keenan Printing Co., Chicago, 111. Printed in U.S. A_
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