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 parts submission on February 2, 1971, covering an unadjusted dispute between me and the Penn Central Transportation Co., involving the question:
Claim is made for the reinstatement of Car Control Clerk Richard E. Martin, at Lansing, Michigan. with full seniority rights unimpaired and payment for all lost time such as petitioner's seniority rights would have entitled him since September 22, 1970.
OPINION OF BOARD: A review of the record in this docket clearly shows that the claim Petitioner is attempting to assert before this Board was not handled on the property of the Carrier in accordance with provisions of the applicable 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.
Therefore, the claim is barred from consideration by this 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 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 dispute involved herein; and