(easy E. Clair PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Violation of Employee Position Rights."

 OPINION OF HOARD: The record shams that claimant's services were
 tersiaated under the provisions of a Union Shop Agreement (Appendix Ho. 3 of the applicable Agreement, incorporated in the Agreement by Role 42.)

 The Union Shop Agreement provides a precise method for the final and complete settlement of any and all claims or grievances arising thereunder. (Sections 5(b) and (c) of the Agreement.) The claimant herein did not appeal the decision of the Carrier in the manner outlined in Section 5(c), which provides for the selection or appointment of a neutral arbitrator wbose decision "shall be final and binding upon the parties."

 This Hoard must respect the remedial machinery established by the parties for the settlement of such disputes. As stated in Second Division Award 1887:



The record also shows that the claim Petitioner is asserting before the Hoard was not handled on the property in accordance with the provisions of Section 3, First (i) of Railway Labor Act, Circular Ho. 1 of the National Railroad Adjustment Board, and the provisions of the applicable agreement on the property. This also constitutes proper basis for dismissal of the claim.


        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

        That the claim be dismissed.


                      A W A R D


        Claim dismissed.


                            NATICKAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST: 44 JV
        Executive Secretary


Dated at Chicago, Illinois, this 24th day of August 1979.