Docket Number MS-22724


(Roland Fortino Danny Conroy, Douglas Conroy, PARTIES TO DISPUTE: (Ralph Corey, and Murray Mockler ( (Canadian Pacific Limited ( (In States of Maine and Vermont)

 STATEMENT OF CLAIM: "When we were hired we were told by the Roadmaster
 that we would be rated as sectionmen. After our 65
 days we were all told that we were rated as sectionmen. We were paid section
 men rates all summer. On the 24th of Oct we were all told that our rates
 were taken away and our seniority would not count on the Maintenance cf Way.
 According to the contract this cant (sic) be done. We ask that we be put on
 the seniority list as sectionmen. We were promised that we would beg so the
 company should honor its promis (sic) to do so. Also the company cues (sic)
 some of us back pay. We want what thay (sic) cue (sic) us."

 OPINION OF BOARD: Petitioners allege when employed in May 1978 they would
 be rated and paid as sectionmen after their 65th day
 of employment. In October 19780 Petitioners were told that the sectionmen's
 rate of pay and seniority would not count as they were considered as extra
 gang laborers. Petitioners seek restoration of sectionmen's seniority and
 any compensation due them.

 The difficulty with Petitioners' claim is that it has not been submitted to "usual manner of handling" on the property; instead, the claim was submitted directly to this Board.

 Section 3., First (i) of the Railway Labor Act and Circular No. 1 of the National Railroad Adjustment Board require that disputes be processed in the manner and according to the steps prescribed in the Parties' Agreement$before they may be submit that these requirements were not fulfilled, we have no choice but to dismiss the claim without consideration of its merits.
                      Award Humber 22438 page 2

                      Docket Humber I6-22724


FMIHGS: The Third Division of the Adjustment Hoard, after giving the
 parties to this dispute due notice of hearing thereon an& upon
 the whole record and all the evidences finds and holds:

      That hearing-thereon has been held and: concluded;


That the Carrier and Employes involved in this dispute. are respectively Carrier and Employes within the meaning of the Railway Labor: Act,.as approved dune 21, 1934;

 That the claim was not progressed on the property as required-by the Railway labor Act, and that this Division of the Adjustment Board.does not have jurisdiction to decide the dispute involved herein on. its merits; and

      That the claim is barred.


                        A W A R D


      Claim dismissed.


                              NATIONAL RAILROAD ADJOSTHENT BOARD

                              BY Order of Third Division


ATTEST
        :ecutive Secretazy


Dated at Chicago, Illinois, this 15th day of June 1979.