(A. E. Horn PARTIES TO DISPUTE:


CTATG`1ENT 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 April 15, 1972 covering an unadjusted dispute between us and The Denver & Rio Grande Western Railroad involving the question:

That Carrier violated the telegrapher's June 23rd Agreement of 1967 when it made the two positions at Colorado Springs, Coiorado five day positions instead of the seven day positions that were covered in said Agreement.

Compensation for the two telegraphers for two days each per week while violation continues.

OPINION OF BOARD: The Petitioner alleges that when the Carrier made two seven
day positions into five day positions it violated the Tele
graphers' Agreement. A review of the record in this docket clearly shows that
the claim the Petitioner is attempting to assert before this Board was not pro
cessed on the property in accordance with the provisions of the applicable col
lective bargaining agreement, nor as required by Section 3, First (i) of the
Railway Labor Act, nor in accordance with Circular No. 1 of the National Railroad
Adjustment Board.

This Board has held that it is bound by the manner in which the claim was processed on the property. This claim was processed improperly and it is therefore barred from consideration by the Board and is dismissed.





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 Agreement was not violated.


                      A W A R D


        The claim was improperly processed on the property. The claim is


dismissed. NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 29th day of June 1973.

'1I