Award Number 17951 Docket Number MS-18628 NATIONAL RAILROAD ADJUSTMENT BOARD

STATEMENT OF CLAIM: This is to serve notice, as required by the rules of the National Railroad Adjustment Board, of my intention to file an ex parte submission on December 26, 1969, covering an unadjusted dispute between me and the Penn Central Railway (New York Central) involving the question.

Separated from service without cause. I was replaced by a younger man, on the same job I was able to perform.

OPINION OF BOARD: A careful review of the record discloses no evidence to show that the claim the Petitioner has submitted to this Division was handled on the property of the respondent Carrier in accordance with provisions of the collective bargaining Agreement and as required by Section 3, First (i) of the Railway Labor Act and Circular No. 1 of the National Railroad Adjustment Board. The claim is, therefore, barred from consideration by the Division and will be dismissed.

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

That the parties waived oral hearing;

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

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the claim is barred.

AWARD

Claim dismissed.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST: S. H. Schulty

Executive Secretary

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