(Leslie Joseph Nance, II PARTIES TO DISPUTE: (The Chesapeake and Ohio Railway Company ( (Southern Region)



1. Do not believe reason for disqualification as stated by 1st Foreman to be true and acurate reason for disqualification.

2. C & 0 Rules state that a disqualification must be given in writing to the employee within the 60 calendar days of employment or he is considered as being accepted. I was not notified until 62 days and was not given a reason or written notice until approxmately 86 days."

OPINION OF BOARD: The record before the Board clearly shows that
the claim that the claimant is attempting to
assert here has not been handled in the usual manner on the property
up to and including the Chief Operating Officer of the Carrier
designated to handle such disputes as required by Section 3, First (i)
of the Railway Labor Act, Circular No. 1 of the National Railroad
Adjustment Board, and the rules of the applicable collective bargaining
agreement. The claim is, therefore, not properly before the Board and
must be dismissed.

FINDINGS: The Third Division of the Adjustment Board, after giving the
parties to this dispute due notice of hearing thereon, and
upon the whole record and all the evidence, finds and holds:

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: l &J
        ·~utiroe Secretary


Dated at Chicago, Illinois, this 14th day of December 1979.