(B. J. Curry PARTIES TO DISPUTE :
                St. Louis-San Francisco Railway Company

                (now Burlington Northern Inc*)


STATRMRNT O' CLAIM: "1. Was Mr. Curry fired because of racial discrimination?

        2. Was Mr. Curry denied advancement because of racial discximinationT


3, Did. the Saint Louis-San Francisco (FRISCO R.R.) refuse to provide adequate training, supervision or answer questions submitted by Mr. Curry bemuse of racial discrimination?

 4. Does the Saint Louis-San Francisco (FRISCO R.R.) have a history of prior racial discrimination that has affected and continues to affect Mr. Curry?"

 OPINION OF BOARD: The Claimant asserts that he was terminated as a result of
 racial discrimination. The Carrier denies that any such
 action took place, and points out to us that Section 3, First(i) of the Railway
 Labor Act requires that disputes be handled in the usual manner, up to and in
 cluding the Chief Operating Officer of the Carrier designated to handle such dis
 putes.

 Based upon our review of the record, we are inclined to agree with the Carrier that the case before us was not handled as prescribed by either the Agreement or the Railway labor Act, and accordingly this Board has no jurisdiotion to consider the m
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 Employee within the meaning of the Railway labor Aot, as approved June 21, 1934;

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

        That the claim is dismissed for lack of jurisdiction.

              Award Ntmber 23543 Page 2

              Docket Number MS-23929

              A W A R D


Claim dismissed for lack of jurisdiction.

                    NATIONAL RAILROAD ADJISTWBNT BOARD

                    By Order of Third Division


II ~ i ATTEST:

 A/Executive Secretary

 Dated at Chicago, Illinoisp this 26th day of February 1982.