NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 20976

THIRD DIVISION Docket Number MS-20888

Louis Norris, Referee

(James A. Adair
PARTIES TO DISPUTE:
(Erie-Lackawanna Railway Company

STATEMENT OF CLAIM: This is to serve notice, as required by the rules of
the National Railroad Adjustment Board, of my inten
tion to file an ex parte submission on September 3, 1974 covering an un
adjusted dispute between me and the Erie Lackawanna Railway Company in
volving the following question:

Failure and continued refusal of company to award Petitioner the position of Clerk-Machine Operator, Bulletin Number 31, July 17, 1973,for which he is entitled pursuant to applicable agreement.

OPINION OF BOARD: A review of the record in this case indicates that the
claim filed with the Board has never been handled in
the usual manner on the property as required by Section 3, First (i) of
the Railway Labor Act, in that there was no handling with either the Super
intendent or the General Manager-Labor Relations, nor was there a confer
ence on the property as required by the Railway Labor Act and Circular 1
of the National Railroad Adjustment Board.

Furthermore, the General Chairman advised Claimant's attorney under date of March 1, 1974 of the applicable agreement provisions (Letter Agreement dated July 24, apparent that the procedures provided for by the Letter Agreement dated July 24, 1948 were not followed in this case.

As noted in Award 14697, involving this Carrier, "grievances cannot be initiated at the Board level and the requisite filing and appeals procedure must be followed."

To the same effect, See Awards 10794, 17624, 17668 and 18149, among others.

In the light of the foregoing, therefore, we find that this Division is without jurisdiction to consider this case on the merits. Accordingly, the claim is dismissed.

Award NuJer 20976 Page 2

Docket Number MS-20888

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;

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: g4?.~ /~i/I

ut va Secretary

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