NATICPAL RAILROAD ADJUSTMENT HOARD

Award Number 21510

THIRD DIVISION Docket Number MS-21593

Robert M. O'Brien, Referee

(Bette Bothun PARTIES TO DISPUTE: (Burlington Northern Inc.

STATEMENT OF CLA324: This is to serve notice, as required by the rules
of the National Railroad Adjustment Board, of my
intention to file an ex pane submission on an unadjusted dispute between
me and the Burlington Northern, Inc. involving the question of:

The loss of my guaranteed wage as per the Merger Agreement between the Great Northern, Pacific and Burlington Lines, Inc. of May 1970.

OPINION OF BOARD: The Board has carefully studied the record before us,
and we conclude therefrom that the claim Petitioner
is attempting to assert herein was not handled on the property as required
by the provisions of the applicable Agreement as mandated by Section 3,
First (i) of the Railway Labor Act and by Circular No. 1 of the National
Railroad Adjustment Board. Accordingly, inasmuch as Petitioner failed to
progress the instant claim in accordance with the prescribed procedure,
the claim is barred from consideration and must be dismissed as a result.

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

Claim not progressed on the property as required by the Railway Labor Act.

A W A R D

Claim dismissed.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST: Ex~ Secretary

Dated at Chicago, Illinois, this 29th day of April 1977.