David P. Twomey, Referee


        (Louis C. Henry PARTIES TO DISPUTE: (The Baltimore and Ohio Railroad Company


        STATEMENT OF CLAIM: This is to serve notice as required by the rules of

        the National Railroad Adjustment Board, of my in

        tention's to file an exparte submission (on 30 days from date of this

        notice) covering an unadjusted dispute between me and the Baltimore and

        Ohio Railroad involving the question.


                      Denied Protective Benifits.


        OPINION OF BOARD: Before considering Petitioner's claim on its merits,

        we must first deal with procedural arguments raised

        by Respondent Carrier. These are:


                  1. The instant claim was not handled on the property in accordance with Section 3, First (i) of the Railway Labor Act.


                  2. Claim was not handled pursuant to the requirements of Article 16 of the United Transport Service Employes' Agreement.


        A finding in favor of Respondent Carrier on any one of the two points will cause the claim of Petitioner to be dismissed and preclude this Board from consideration of the claim on its merits.


        With respect to point 1, we find this claim was not handled on the property in accordance with the provisions of the applicable collective bargaining Agreement and the Railway Labor Act and Circular No. 1 of this Board. We will dismiss the claim.


        FILM33GS: The Third Division of the Adjustment Board, after giving the

        parties to this dispute due notice of hearing thereon, and

        upon the whole record and all the evidence, finds and holds:


        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;


        That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and


.,: Claim dismissed.
                    Award Number 20481 page 2

                    Docket Number MS-20540

                    A W A R D


        Claim dismissed.


                          NATIONAL RAILROAD ADjmTMENT HOARD

                          Br Order of Third Division


ATTEST: aI WI
          Executive Secretary


Dated at Chicago, Illinois, this 25th day of October 1974.