(Russell W. Teske, et al PARTIES TO DISPUTE:


STATEMENT OF CLAIM: This is to serve notice, as required by the rules
of the National Railroad Adjustment Board, of our intention to file an ex parte submission on April 25, 1977 covering an unadjusted dispute between us an _/sic7 Conrail on the question:

The abolishment of our jobs with no seniority rights from our years of service with the Erie Lackawanna Railroad, even though we received a notice dated Feb. 26, 1976 from Consolidated Rail Corporation stating that our seniority would continue if we accepted employment with them... We have tried to find out how we stand and all we heard "It's legal". We have not seen any of the agreements that is claimed.

OPINION OF BOARD: From a reading of this case it is apparent that
the subject matter, which Petitioner has asserted before this Board, was not presented or processed on the property.

Section 3, First (i) of the Railway Labor Act and Circular No. 1 of the National Railroad Adjustment Board require that disputes be handled in the usual manner as provided in the Parties' Agreement before they may be submitted to this Board for resolution. Inasmuch as Petitioners 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.





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 no 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 16th day of June 1978.