NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 20317

THIRD DIVISION Docket Number MS-20224

Dana E. Eischen, Referee

(Dale W. Vodenichar PARTIES TO DISPUTE: (George P. Baker, Richard C. Bond, and Jervis ( Langdon, Jr., Trustees of the Property of ( Penn Central Transportation Company, Debtor

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 (30 days from this date)
covering an unadjusted dispute between me and the Penn Central Rail
road, involving the question:

Under the merger protection agreement, am I a protected employee for services rendered between September 11, 1968 and December 31, 1972?

OPINION OF BOARD: Consideration of this record shows that Claimant
is here asserting a claim previously handled to
some extent on the property but never progressed in the usual m·~ar
up to and including the chief operating officer of the Carrier desig
nated to handle such disputes. Such ommission violates procedural
prerequisites to involving our jurisdiction,as set forth in Section
3 First (i) of the Railway Labor Act, as amended.

In these circumstances, the claim is barred from consideration upon the merits and must be dismi

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 barred from consideration upon the merits.

J

Award Number 20317 Page 2

Docket Number MS-20224

A W A R D

Claim dismissed.

NATIONAL RAIIROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST
Executive Secretary

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