I. M. Lieberman, Referee


            (James W. Elwood ( PARTIES TO DISPUTE: (Chicago and North Western Railway Company


                        (

                        (American Train Dispatchers Association


            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 April 6th, 1972 covering an unadjusted dispute

            between me and the Chicago & Northwestern Railway and the American Train Dis

            patchers Assn.


            Claim: To be returned to my former position held, before being pulled out of service, with all rights un-impaired, and to collect for a days pay that I reported for work and was not allowed to work it.


            Parties: Chicago & Northwestern Railway Company and American Train Dispatchers Assn.


            Statement of Claim: 1--To be returned to my regular assigned job, with all rights un-impaired, with no contigency that the person how holding said job, to have the right to displace me off of it.


            2-To be paid for a days pay for reporting to work on the Extra board and being denied the right to work it, in place of the regular man Working his rest day.


            OPINION OF BOARD; A review of the record in this case 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 con

            sideration by the Division and will be dismissed.


            FINDINGS: The Third Division of the Adjustment Hoard, 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 Employee involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Act, . as approved June 21, 1934;


~ ;.S'bc:~...~-
                  Award Number 19536 Page 2

                  Docket Number MS-19758


That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the claim is barred.


                    A W A R D


        Claim dismissed.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 20th day of December 1972.

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