_ NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 23239

THIRD DIVISION Docket Number MS-23455

Paul C. Carter, Referee

CVernell Baldwin PARTIES TO DISPUTE;

(Illinois Central Gulf Railroad

STATEMENT OF CIAIM: "This is to serve notice, as required by the rules of the
National Railroad Adjustment Board, of my intention to file an ex parte submission, on April 28, 1980 covering an unadjusted dispute between me and the Illnois (sic) Central Gulf Railroad involving the question:

My dismissal on November 23, 1979 for alleged violation of Rule 10(A) and Rule 38, in accordance with the Schedule of Rules and Working Conditions govering (sic) the Maintenance of Way and Structures Department dated April 27, 1978."

OPINION OF BOARD: The record before the Board is clear that the claim that the
claimant is attempting to assert before the Board has not
been handled on the property in accordance with the requirements of Section 3,
First (i) of the Railway Labor Act. Under such conditions, the Board has no
alternative but to dismiss the claim.

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 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: I 1 f f.,_/ .,?
Executive Secretary

Dated at Chicago, Illinois, this 31s. day of March 1981.