NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 20316

THIRD DIVISION Docket Number MS-20204

Dana E. Eischen, Referee

(Michael Stuban PARTIES TO DISPUTE:

(Penn Central Transportation Company

STATEMENT OF CLAIM: This is to server notice, as required by the
rules of the National Railroad Adjustment Board, of my intention to file an ex parts submission on January 3, 1973, covering an unadjusted dispute between me and The Penn Central Transportation Company, involving the
Under the Merger Protection Agreement, am I a protected employee for services rendered between April 2, 1962 to present date?

OPINION OF BOARD: The claim herein presented was appealed directly
to this Board from the decision of an intermediate
level Carrier official, without recourse or regard to the manner of
appropriate handling for such grievances set forth in the applicable
Agreement. Section 3, First (i) of the Railway Labor Act, as amended,
mandates handling such disputes in the usual manner on the property.
Up to and including the chief operating officer of the Carrier des
ignated to handle such disputes. Accordingly, the instant claim is
not properly before us for consideration and must 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 the Railway Labor Act, as approved June 21, 1934;

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

Award Number 20316 Page 2

Docket Number MS-20204

A W A R D

Claim dismissed.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST:

Executive Secretary

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