Docket Number MS-23907


(Roy E. Simsheuser PARTIES TO DISPUTE:
                (Missouri Pacific Railroad Company


STATEMENT OF CLAIM: "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 10-16-80 covering an unadjusted dispute between me and the Missouri Pacific Railroad involving the question:

 I was not allowed to return to work until I lose some weight. The railroad doctor released roe, but St. Louis sent notice that I had to lose the weight before returning to work. I feel this is discriminatory since there are other men as big or bigger than I working on the railroad."

 OPINION OF BOARD: We have carefully reviewed the entire record in this
 case and have considered all of the arguments advanced by the Parties involved in this dispute.

 From the record in this case, it is apparent that no claim or grievance was presented in writing on the property to any Carrier Officer as required by Rule 12, Section 2 of the Agreement.

        Accordingly, since no claim or grievance was properly initiated

on the property, the jurisdictional requirement of handling claims "in the
 usual manner" as mandated by Section 3, First (i) of the Railway Labor Act,
 as amended, has not been met. We are left with no alternative but to dismiss
 the claim for lack of jurisdiction. ,-

        FINDINGS: The Third Division of the Adjustment Hoard, upon the whole record and all the evidence, finds and holds:


        That hearing was held and concluded;


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway tabor Act, as approved June 21, 1934;
                      Award Number 23336 Page 2

                      Docket Number 23907


That this Division of the Adjustment Hoard has jurisdiction over the dispute involved herein; and

        That the claim is bmsred.


                        A W A R D


        Claim dismissed.


                            NATIONAL RAII80AD ADJfSTMB(iT HOARD

                            By Order of Third Division


ATTEST: A4

          PSceeutive Sec:etory


Dated at Chicago, Illinois;, tERia 19th day of JYm1 1981.