( Employes PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood

(a) The Carrier violated the Rules Agreement, effective December 1, 1949, particularly Rule 36, when it assessed discipline of dismissal on J. A. Natalie, Yard Clerk at Blue Island, Illinois. '

 (b) Claimant J. A. Natalie's record be cleared of the charges brought against him on November 5, 1973.

 (c) Claimant J. A. Natalie be restored to service with seniority and all other rights unimpaired, and be compensated for wage loss sustained during the period out of service, plus interest at 6% per annum compounded daily.

 OPINION OF BOARD: Claimant, in this dispute, was discharged after an
 investigation, having been found guilty of failing
 to report to work or advise of inability to do so on November 3, 1973.

 Petitioner appealed the decision emanating from the investigation to the next higher official an official designated by Carrier in timely fashion, as provided by Rule 36. It is noted that at each step the Organization appealed the decision and discipline and requeste Division Chairman stated:

The record indicates that no such claims were filed. Rule 13 of the applicable Agreement provides for the procedure in handling claims and grievances on this property; and examination of that Rule verifies the fact (specifically in Sections 3 and 6) that it is applicable to claims arising out of disciplinary actions.


It is quite evident that the Claim presented herein is quite different than the appeal of the discipline handled on the property and further that the proce prefer to dispose of disputes such as that herein on their merits rather than on procedural grounds, we are precluded from such action in this matter. Based on the fact that the Claim herein was not handled in accordance with Rule 13 or with carrier's highest designated Officer, we are barred from Claim was not,handled in the usual manner as prescribed in the Railway Labor Act as amended (See Awa others).

        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 wit the Railway Labor Act, as approved June 21, 1934;

 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

,~ By Order of Third Division
 ATTEST:`IV-i &&Z4A=e~
        Executive Secretary


Dated at Chicago, Illinois, this 27th day of February 1976.