lbw Award No. 19179
Docket No. MS-19488











STATEMENT OF CLAIM: This is to serve notice, as required by the rules of the National Railroad Adjustment Board, of our intention to file an ex parte submission on September 20, 1971 covering an unadjusted dispute between us and the Atchison, Topeka and Santa Fe Railroad involving the question:




OPINION OF BOARD: 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 the 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 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 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

That the Claim must be dismissed.








Dated at Chicago, Illinois, this 12th clay of May 1972.

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