(Raymond T. Maki PARTIES TO DISPUTE:


STATEMENT OF CLA324: "This is to serve notice, as required by the rules
 of the National Railrod Adjustment Hoard of ay
 intention to file an ex parte submission on March 7, 1978 covering an
 unadjusted dispute between me and the DMM Ry Co involving the question,

 try claim is the Carriers denial of not allowing me to exercise my seniority to displace a junior employee Mr. J. Economy Super Agent, Missabe Jet - Endion Agency daring a Reduction of Forces caused by a strike of the United Steel Workers. This denial caused me to have loss of wages from the peroid from Oct 19 197'( thrn Dee 16 1977, the peroid of my unemployment."

 OPINION OF BOARD: During the last five months of 1977 carrier's
 operations were affected by a strike. The
 carrier abolished numerous positions because of a general lack of
 traffic. Claimant was displaced from his Agent's position and attempted
 to displace onto a "Class 2 Position." He was denied the right to
 displace onto this position on the basis that the position was an exempt
 position which "may be filled without regard to seniority rules."
 Following the denial of the displacement claimant filed a claim with
 the supervisor of payroll accounting, appealed the claim to the
 Division Superintendent and then further appealed the claim to this
 Board.

 Before the Hoard the carrier argues that the claim must be dismissed under the provisions of Section 3 first (i) of the Railway Labor Act -because (a) it was not at any time appealed to the carrier's highest designated official and (b) the claim was not at say time discussed in conference on the property prior to the initiation of proceedings before the Board. The carrier also argues that the claim is without merit.

 The carrier's jurisdictional arguments are well placed. Either the failure to appeal to the highest designated official or the failure to hold a conference prior to appeal to this Board have been deemed sufficient to prevent our consideration of a case on its merits. In this instance the claim will be dismissed.


        FINDINGS: The Third Division of the Adjustment Board, upon the whole record and 9.11 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.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago.-Illinois, this 9th day of November 1979.

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