NATIONAL RAILROAD ADJUSTMENT BOARD

' Award Number 22552

THIRD DIVISION 'Docket Number MS-22929

(Gregory L. Walker and Willis D. Cremeans
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company (southern Region)

$TAT31,MT OF CLAIM:, "C-TC-634v Claim for time on behalf of Willis D. Cremeans
and Gregory L. Walker., $7.00 per day, and 3418 miles at
15 cents per mile and two (2) minutes per mile for each day these employees
are without benefit of the following rules and continuing until such time as
they are furnished with suitable living quarters in accordance with said rules;
violation of Arbitration Award 298 dated 9/30/67, effective :215/67., and
Southern Region Rules Nos. 47, 48, 49., 67(d)(e)(f)(g)(h)., and any other rule
pertaining thereto."

OPINIO?J OF BOARD: Our review of the record in this case clearly shows
that the claim which Petitioners are attempting to
assert before this Board was not handled on the prcperty of the Carrier in
accordance with reauirements of the applicable coliective-barE,aining Agreement
Rule 21(h) as required by Section 3., First (i) of the Railway Labor Act and
Circular No. 1 of the National Railroad Adjustment Board. Therefcre.. the
claim as described above is barred from consideration by this Division and is
accordingly dismissed.

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 is barred.

A W A R D

Claim dismissed.

NATIONAL RAILROAD ADJUSTN= BOARD

By Order of Third Division

ATT T: G
Executive Secretary

Dated at Chicagos Illinois, this 28th day of September 1979.