NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 27.487

THIRD DIVISION Docket Number MS-21564

Robert M. O'Brien, Referee

(Robert L. Alford, Jr. PARTIES TO DISPUTE: (Illinois Central Gulf Railroad Company.

STATEMENT OF CLAIM: This is to serve notice, as required by the rules
of the Rational Railroad Adjustment Board, of my
intention to file an ex pane submission on March 4, 1976, which is 30
days from this notice, covering an unadjusted dispute between me and the
Illinois Central Gulf Railroad involving the question:

Robert L. Alford, Jr. is entitled to and claims a job comparable to the one he held prior to the merger of the Illinois Central Railroad and the Gulf, Mobile and Ohio Railroad; further, he is entitled to and claims that this job should be at such a locality that he will not be forced to drive long distances to work; nor, to work at long nor odd hours; further, that he is entitled to and claims that he should not have to cross division lines to work and that he be allowed to carry his seniority with him.

OPINION OF HOARD: Section 3, First (i) of the Railway Labor Act provides,
in pertinent part, that disputes between an employe
and a Carrier shall be handled in the usual manner up to and including the
chief operating officer of the Carrier designated to handle such disputes.
On this property for employes represented by the Organization the usual
manner of handling disputes is prescribed by Rule 25 of the Schedule
Agreement. Rule 25 provides, in pertinent part, that the officer of the
Company authorized to receive a claim or grievance is the Superintendent
of the division on which the claimant holds seniority. If a claim is dis
allowed by the Superintendent, then Rule 25 provides that appeal may be
taken to the Director of Labor Relations who is the highest officei
designated by the Company to handle such disputes.

The record before us evidences that no claim or grievance has been filed in writing with the Superintendent, nor appealed in writing to Carrier's Director of Labor Relations. Inasmuch as the claim before this Board has not been handled on the property in accordance with Section 3, First (i) of the Railway Labor Act, nor with Schedule Rule 25, this Hoard mast dismiss the claim as a result without reaching the merits thereof.

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;

Award Number 21487 Page 2

Docket Number 1S-21564

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 Hoard has jurisdiction over the dispute involved herein; and

That the Claim is barred.

_ _ A W A R D

Claim dismissed.

NATIONAL RAILROAD ADJUSTMENT HOARD

By Order of Third Division

ATTEST: zo;'Iyt A"tz..W

Executive Secretary

Dated at Chicago, Illinois, this 31st day of March 1977.