Gene T. Ritter, Referee


            (Peter P. Hypes PARTIES TO DISPUTE:

                        (Norfolk and Western Railway Company


            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 July 12, 1972 covering an unadjusted dispute between me (Peter P. Hypes) and the Norfolk and Western Railroad involving the question of a dispute about my seniority.


            OPINION OF BOARD: Claimant, in this case, alleges that his Seniority ?ate

            should be August 5, 1956, but that he is erroneous 1, listed

            on the Seniority Roster with Seniority date of January, 1965. Carrier alleges

            that no formal claim or grievance concerning this dispute has ever been pre

            sented to or handled with Carrier, either by Claimant or his representative

            labor organization. Carrier further states that this Board is without authority

            or jurisdiction in this matter for the reason that Claimant has failed to

            properly handle the matter in compliance with Section 3, First (i), of the

            Railway Labor Act; and that Claimant has been accorded the only Seniority

            date to which he is entitled.


            In accordance with Award No. 18350 (Dorsey), this claim will be dismissed. The record herein is clear to the effect that the instant claim was not handled on the property in accordance with the provisions of Section 3, First (i) of the Railway Labor Act and Circular No. 1 of the National Railroad Adjustment Board.


                  FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and 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 Adjustment Board has jurisdiction over the dispute involved herein; and


                  That the claim be dismissed.


A... ~~'~7k~
                    Award Number 19778 Page 2

                    Docket Number MS-19774

                    A W A R D

        Claim dismissed.

        NATIONAL RAILROAD ADJUSTMENT BOARD


                          By Order of Third Division

ATTEST: 4691 &M -

        Executive Secretary


Dated at Chicago, Illinois, this 25th day of May, 1973.

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