NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number STHIRD DIVISIONDocket Number MS-99992

Burl E. Hays, Referee

(Fred J. Kaltenbach PARTIES TO DISPUTE:

(The Chesapeake and Ohio Railway Company

( Northern Region (Excluding Hocking Division)

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 11-13-72 covering an unadjusted dispute between me and the C & the Grand Rapids Division of having Nahum Avery (Section Foreman), after being discharged and removed from the roster for approximately seven months, reinstated to fill my positio thus causing me to be demoted to trackman.

This is consistant with how the Company and the Union have settled similar cases in the past. Please advise as to the Counsel refered to the ex parte submission. Does this mean that it is permissible to have a Civil Lawyer as a representative for me?

OPINION OF BOARD: There is no point in setting forth the allegations of Claim
ant upon which his claim is based in view of the fact that
it is crystal clear from exardnation of the record that proper appeals proce
dure on the property has not been followed.

Section 3, First (i), of the Railway Labor Act, sets forth the requirements for handling disputes because of alleged grievances. Before cases can be considered by this Board they must be handled in the usual manner on the property. Claimant has ignored the procedure set forth in the Railway Labor Act in attempting to bring his claim to this Board. (Award #19888). Therefore, we are barred from considering the merits of the claim and it will be dismissed.

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;

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Award Number 199 Page 2

Docket Number MS-19998

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

That the claim be dismissed'.. - .

A W A R D

Claim dismissed.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST:

YExecutive ecretary

Dated at Chicago, Illinois, this 12th day of October 1973.

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