NATIONAL RAILROAD ADJUSTMENT 130ARD

Award Number 20204

THIRD DIVISION Docket Number MS-20257

Joseph Lazar, Referee

(Barbara Anne Jividen PARTIES TO DISPUTE: (Chicago, Milwaukee, St. Paul and Pacific ( Railroad Company

STATEMENT OF CLAM: This is to serve notice, as required by the
rules of the National Railroad Adjustment
Board, of mar intention to file an ex parte submission on February 22,
1973, covering an unadjusted dispute between Barbara A. Jividen and
Chicago, Milwaukee, St. Paul and Pacific Railroad Company involving
the question:

(1) Reinstatement, with full unimpaired seniority rights.

(2) Full compensation for time lost while being illegally deprived of rightful employment as a switchboard operator under B.R.A.C. Agreement from January 4, 1971 to present time.

OPINION OF BOARD: The record is clear that the claim the Petitioner
is attempting to assert before the Board was not
handled on the property of the Carrier in accordance with the pro
visions of the applicable collective bargaining agreement and as
required by Section 3, First (i) of the Railway Labor Act and
Circular No. 1 of the National Railroad Adjustment Board. The
claim is, therefore, barred from consideration by the Division,
and 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;

Award Number 20204 rage 2

Docket Number MS-20257

That this Division of the Adjustment Hoard has Jurisdiction over the dispute involved herein; an

That the claim is barred.

A W A R D

Claim dismissed.

NATIONAL RAILROAD ADJUSTMENT HOARD

By Order of Third Division

A=-ST:

Executive Secretary

Dated at Chicago, Illinois, this 29th day of March 1974.