NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 20315

THIRD DIVISION Docket Number MS-20167

Dana E. Eischen, Referee

(Paul V. Lozito PARTIES TO DISPUTE:

(Penn Central Transportation Company

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 Penn Central Railroad involving the question:

Under the Merger Protection Agreement, am I protected employee for services rendered Feb. 7, 1965 and Dec. 31, 1972?

OPINION OF BOARD: Claimant herein filed Notice to this Board of in
tention to file an ex parts Submission. A review
of the record, however, reveals that Claimant did not handle the claim
on the property in the usual manner up to and including the Chief Op
erating Officer designated to handle such disputes. This disregard
for the provisions of the grievance machinery in the applicable Agree
ment and the requirements of Section 3 First (i) of the Railway Labor
Act, as amended, constitute fatal defects in this claim. Accordingly,
the matter is not properly before us for adjudication and must be dis
missed.

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 Employee involved in this dispute are respectively Carrier and Employee the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an
The matter is not properly before us and must be dismissed.

Award Number 20315 Page 2

Docket Number MS-20167

A W A R D

Claim dismissed.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST:

cutive Secretary

Dated at Chicago, Illinois, this 12th day of July 1974.

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