NATIONAL RAILROAD ADJUSTMENT BOAR

Award Number 20752

THIRD DIVISION Docket Number MS-20733

Irwin M. Lieberman, Referee

(R. H. Nicgorski PARTIES TO DISPUTE: (George P. Baker, Robert W. Blanchette, and Richard C. ( Bond, Trustees of the Property of , ( Penn Central Transportation Company, Debtor

STATEMENT OF CLAIM: This is to serve notice, as required under the"Regional
Rail Reorganization Act of 1973" Public law 93-236 Sec.
507. of intention to file an ex parte submission, 30 days from date of this
notice, covering an unadjusted dispute between myself and the Penn Central
Railroad, involving the question:

PL93-236 Sec. 505 Employee protection (a) (b) (1) and sections thereof. A1so,Carrier violated rules agreement Eff. Feb. 1, 1968. Particularly the appendix (A) of M 28, 1974 and denial of claim Jan. 290 1974 by Trainmaster E. D. Wyatt at Conway, Pa. concerning displacement allowance and position placed under of my letter of No. 6, 1973 to Supt. D. A. Snyder, Terminal Conway, Pa. I content working as a yardmaster I was forced to resign and exercise seniority. I was placed in a wor allowance as in accordance with the above stated agreements.

OPINION OF BOAR: A review of the record in this case indicates that
the Claim herein was filed with the 3oard prior to any
discussion of the Claim with the Superintendent-Labor Relations. In addi
tion, no appeal was taken from the Superintendent-Labor Relations denial
of the Claim and further steps provided in Rule 7-B-1 and discussion with
Carrier's highest officer were omitted. Section 3, First (i) of the Rail
way Labor Act, as amended, provides in part that disputes " ....shall be
handled in the usual manner up to and including the chief operating
officer of the carrier designated to handle such disputes." Since Claim
ant has not met the requirements outlined above the Claim is barred from
consideration by the Division and will 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 within the meaning of the Railway Labor Act, as approved June 21, 1934;

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Award Number 20752 Page 2

Docket Number MS-20733

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

That the Claim is barred.

A W A R D

Claim dismissed.

NATIONAL RAILROAD ADJUSTMENT BOARD 11 By Order of Third Division

ATTEST:

Executive Secretary

Dated at Chicago, Illinois, this 20th day of June 1975.