PARTIES TO DISPUTE: (David E. Sypien

                      Chicago Heights Terminal Transfer Railroad Company


          STATEMENT OF CLAIX: 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 February 27, 1972, covering an unadjusted dispute between David E. Sypien and the Chicago Heights Terminal Transfer Railroad.


          This is in regards to back-pay for which was not paid to me for service rendered until December 11, 1970. I was still on the payroll on Deer. 71, 1970, after which I received compensation for vacation tin- for 1977. from which union dues were deducted for January, 1971. Therefore, the five (5) working days vacation gives me another week of service to the Chicago Heights Terminal Transfer Rai`sroad. So, five varking days from December 4, 1970, brings my service time up to and including December 11, 1970.


          I'm in hopes that yon will be able to help me secure my back-pay that I am legally entitled to.


          OPINION O' BOARD: A careful review of the record herein clearly indicates

          that the claim Petitioner is attempting to assert before this Board was not handled on the property in accordance with the revisions of the applicable Agreement and as required by Section 3, First (4 of the Bailey Labor Act and Circular 1 of the National Railroad Adjustment Board.


          Consequently due to Petitioner's failure to uroaaees the claim in accordance with the prescribed procedure, we are canotraimd to dismiss the claim and we rill not pass on the merits thereof.


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


                That the parties waived oral hearing;


          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 Adjustwat Board has jurisdiction over the dispute involved herein; and r
          Award Number 19398 pa

                    Docket Number MB-19668


Claim not progressed on the property as provided by the &ilpey Labor Act.

                      A W A R D


        Claim dismissed.


                          NATICWAL RAILROAD ADJtSTMM HOARD

                          By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, tbl.a 15th (/ay of September 1972.