(Brotherhood of Maintenance of Way Employes ?PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

 (1) The Carrier violated the Agreement when, without prior notice to General Chairman C. L. Ashley as required by Article IV of the May 17, 1968 National Agreement, it assigned the work of grading, removing rail panels and re-grading at Los Angeles, California to outside forces. (System Case MofW 152-710)

 (2) Tractor Bulldozer Operators W. C. Allison and J. F. Brown, Motor Grader Operator S. Jurado, Rail Crane Operator L. H. Cole and Utility Tractor (end loader) Operator J. Valdez each be allowed pay at their respective straight time rates of man hours expended by outside forces in performing the work referred to in Part (1) of this claim.

 (3) The Carrier shall also pay the claimants six (6!) percent interest per annum on the monetary allowances accruing from the initial claim date until paid.

 CPINION OF BOARD: Carrier contends that this claim is procedurally defective
 and that it should be dismissed because the claim appealed
 to the Carrier's highest officer on the property is not the same claim referred
 to this Division.

 After a review of the r°ecord,the Board feels that the objection of tha Carrier is valid and should be upheld.



That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the Teaning 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 Agreement was not violated.


                    A W A < D


        Claim dismissed.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST:
        Executive secretary


Dated at Chicago, Illinois, this 29th day of September 1972.
e._J