(Michael Fitzgerald PARTIES TO DISPUTE:


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 (30 days from the date of this notice) covering an unadjusted dispute between me and the Atchison, Topeka and Santa Fe Railway Company involving the question:

 Unable to continue employment with Santa Fe as a result of my injury while working for Santa Fe on June 7, 1971. I have not been able to work since.

 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, "irst (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, after giving the parties
 to this dispute due notice of hearing thereon, and 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






                            By Order of Third Division

ATTEST: lea. A:kzl
        Executive Secretary


Dated at Chicago, Illinois, this 25th day of May 1972.