(William E. McBride et al PARTIES TO DISPUTE: (Burlington Northern Inc.

 STATEMENT OF CLAIM: This is to serve notice, as required by the rules
 of the National Railroad Adjustment Board, of our
 intention to file an ex parts submission on k30 days from date of this
 notice) covering an unadjusted dispute between us and the Burlington
 Northern Inc., involving the question:

 The following employees of the Dining and Sleeping Car department of the Burlington Northern Inc. cl
William E. McBride, merger benefits from the Burlington Northern Inc., for the month of March for the months April, May, June, 1974, and continuing until such time as this claim has been settled.

 William H. Butler, Jr., merger benefits from the Burlington Northern Inc., for the month of March, 1974, plus adjusted merger benefits for the months April, May as this claim has been settled.

 B. ri. McNeal and Fred Davis, merger benefits from the Burlington Northern Inc., for the months of M continuing until such time as compatible work is offered us by Burlington Northern Inc. in accordanc
OPINION OF BOARD: The claims deal with asserted rights to certain mer
 ger benefits. Carrier has submitted defenses on
 the merits and has raised certain jurisdictional questions. One such
 procedural objection disposes of the dispute.

 Claims were submitted for compensation adjustments in March of 1974; which claims were denied. The record fails to show that Claimants ever appealed the denials not have jurisdiction to consider disputes if that' have not been handled is accordance with Section 3, First (i) of the Ra!.lway Labor Act. Accordingly, we will dismiss the


FINDINGS: 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



        Claims dismissed.


          ' NAIIONAL RAILROAD ADJUSTMENT BOARD

          By Order of Third Division


ATTEST: ~~6~V1
        ·xeve Secretary


Dated at Chicago, Illinois, this 18th day of July 1975.