NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 20029

THIRD DIVISION Docket Number MS-19901

John H, Dorsey, Referee

(Robert D. Nichols PARTIES TO DISPUTE: (George P, Baker, Richard C, Bond, Jervis Langdon, Jr., ( and Willard Wirtz, Trustees of the Property of ( Penn Central Transportation Company, Debtor

STATEMENT OF CLAIM: Why the Implementing Agreement to the Merger Job Protection
Agreement is allowed to supersede the Merger Job Protection
Agreement.

OPINION OF BOARD: There is no showing in the record of this case that a claim
was presented and handled on the property in the manner man
dated in Section 3, First (i) of the Railway Labor Act, as amended -- an indis
pensable statutory condition precedent to invoking the Board's jurisdiction.
We, therefore, are enjoined from considering a direct petition.

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 the Board must dismiss the plea presented because of lack of jurisdiction.

A W A R D

The case as presented fails to meet the statutory requirements which are indispensable conditions precedent to a statutory right to invoke this Board's jurisdiction. Case DISMISSED for lack of jurisdiction.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST: . Executive Secretary

Dated at Chicago, Illinois, this 20th day of November 1973.