PARTIES TO DISPUTE:




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 parte submission on October 29, 1973, covering an unadjusted dispute between me an question:

Abuse and mistreatment by Penn Central Transportation Company and Penn Central police resulting in the loss of two years pay.

OPINION OF BOARD: The dispute herein alleges no agreement violation by the
Carrier. In addition, it must be noted that Claimant did not avail himself of the procedure set forth in the applicable agreement, namely Articles 32 and 33, in any effort to resolve the dispute on the property. Section 3, First (i) of the Railway 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; but failing to reach an adjustment in this manner, the appropriate division of the Adjustment Board..." Since Claimant has not met the requirements outlined above, we may not consider the merits and the case must be dismissed for lack of jurisdiction.





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










                        By Order of Third Division


ATTEST: ~~ ~~,~
Executive Secretary

Dated at Chicago, Illinois, this 29th day of August 1975.