(Michael J. O'Hora PARTIES TO DISPUTE:

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 on March 19, 1973 covering an unadjusted dispute between me and the R E A Express involving the question:

 On January 18, 1973 I was dismissed from service by mg employer, REA Express, reason given; failing to comply with the terms of the Union Shop Agreement existing with REA and Brotherhood of R & S Clerks, Freight Handlers, Express and Station employees.

 As I complied with the terms of the Union Shop Agreement I maintain that my dismissal was in error.

In 1952 my application for membership in the Brotherhood, my check for initiation fees and a letter of rejection (copy enclosed) was returned to me.

 This rejection relegated me to a non-union employee status, under which I have since been employed, and as this rejection has not been recinded this status should continue to exist. I maintain that REA has no grounds for charges, until this letter of rejection is nullified, and in order, a request for my membership initiated by


OPINION OF BOARD: This matter is concerned with a dismissal based on alleged
 failure to comply with the terms of the Union Shop Agreement. Based on the record we find on the property as required by Rule 14(d) of the Agreement. That Rule provides for appeal within nine calendar days from the date of the decision to the highest officer of the REA failed to do. Section 3, First (i) of the Railway Labor Act, as amended, provides in part: that disputes " . shall be handled in the usual manner up to and including the chief operating officer of the carrier designated to handle such disputes." Since Claimant has not met the requirements outlined above, the case must be dismissed (See Awards 16282, 16245 and 15384 among others).
 i
                    Docket g~er


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                                MSx'20259 age2


    F'~--1 and all the the eeyid n et the Adjustmea

                        t a Pind. and kalds:Board ' ~ the whole record

          That the D.rties

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          valued herein; end the dJust,m"t

          d has Jurisdiction dyer the

          That the claim w.. not handled in accordance


                        A A with the Rule


        Claim disqlseed.


A:UST: a4XUOND ,~ I

 ecutive Secretary
 D8tDivision
                              ed st Chicago, ulinoia, this 14th day or December 1973,