(Philip J. Balutis PARTIES TO DISPUTE: (The Baltimore and Ohio Railroad Company

 STATEMENT OF CLAIM: This is to serve notice, as required by the rules
 of the National Railroad Adjustment Board,of my
 intention to file an ex parte submission on August 12, 1976 covering an
 unadjusted dispute between me and the Baltimore and Ohio RR involving
 the question:

 Having worked on the section crew and being furloughed I was once again returned to work. Discovering that I was wearing a hearing aid the Supervisor said I was unable to work.

 I have been employed by the B&O RR for over thirty (30) years. I am a qualified Carmen but due to slack in work I was forced to go to the section for employment. I feel I have been unjustly treated and I have a legitimate claim. I do not have a set of rules governing the section crews work but I am quite certain if I am unfit for work due to hearing difficulty I feel I should be compensated for same.

 I brought this matter before the Railroad Retirement Board and they recommended that I continue my claim.

 OPINION OF BOARD: From the record of this case it is apparent that the
 subject which petitioner has asserted before this
 Board was not presented or processed either by him or on his behalf by
 any representative on the property.

 Section 3 First (i) of the Railway Labor Act and Circular No. 1 of the National Railroad Adjustmeltp Board demand that disputes be considered in conference and if possible, decided on the property before they may be submitted to this Board for resolution. Inasmuch as petitioner failed to progress the instant claim in accordance with this prescribed procedure, we are barred from consideration of it. The claim must be and is hereby dismissed.



                    Docket Number MS-21887


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 was 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:
        Executive Secretary


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

 .~GE1 v~0

 .' Au G 2 4 1977

    J J. BS.R~ P ..