NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 20224

THIRD DIVISION Docket Number MSX-20245

Dana E. Eischen, Referee

(Irwin H. Johnson PARTIES TO DISPUTE:

(REA Express, Inc.

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 (30 days from date of this notice) covering an unadjusted dispute between me and the Railway Express Company involving the foll
The denial of a paid vacation after working the required number of days.

OPINION OF BOARD: Careful scrutiny of the record shows that the claim
asserted before this Board was not progressed on the
property in accordance with the requirements of Section 3; First (i)
of the Railway Labor Act and Circular 1 of the National Railroad Ad
justment Board. Claimant disregarded Rule 11 of the controlling Agree
ment and filed his claim with this Board without availing himself of
the intermediate contract grievance machinery.

In these circumstances the claim is not properly presented for consideration on the merits by the Division and will be dismissed. (See Awards 19951 and 19812)

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 wit 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 claim is dismissed.

Award Number 20224 Page 2

Docket Number MSX-20245

A W A R D

Claim dismissed.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST:

Executive Secretary

Dated at Chicago, Illinois, this 30th day of April 1974.