NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION
Irwin M. Lieberman, Referee
PARTIES TO DISPUTE:
(Dean E. Swioklo
(Burlington Northern Inc.
Award Number 21034
Docket Number MS-21247
STATEMENT OF CLAIM: This is to serve notice, as required by the rules
of the National Railroad Adjustment Hoard, of m'
intention to file an ex parte submission on June 11, 1975 covering an
unadjusted dispute between me and the Burlington Northern, Inc. involving
the question:
Terminated from Building Service position on September 12,
1974 without proper notice.
OPINION OF HOARD: The record of this dispute indicates that Claimant
failed to follow the prescribed procedure for appeal
set forth in Rule 56 of the Collective Bargaining Agreement. It is clear
therefore that this Claim was not handled on the property of the Carrier
in accordance with the provisions of the applicable collective bargaining
agreement and as required by Section 3, First (i) of the Railway Labor Act,
as amended. For this reason we are precluded from considering this dis
pute on its merits and it must 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;
That the Board lacks jurisdiction.
Claim dismissed.
ATTEST:
a
141. 09azC-0
Executive Secretary
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 15th day of April 1976.