(Harold F. Fulton PARTIES TO DISPUTE: (

STATEMENT OF CLAIM: "That I am being denied my seniority rights, given to me
 through agreement between Conrail and The Brotherhood of Railway and Airline Clerks, in the arrangement presently being used is the assignment of vacation periods."

 OPINION OF HOARD: Our review of the record establishes that Claimant's
 petition is procedurally defective. The Board is precluded from considering the claim on its merits, since Petitioner has admittedly not complied with Section 3, First (i) of the Railway Labor Act or Circular No. 1 of the N.R.A.B. The Act requires the claim to be handled in the "usual manner on the property up to and including the chief operating officer of the carrier ..." The same requirement is incorporated in the Board's Circular No. 1.

 Petitioner has not observed this requirement and for that reason the claim must be dismissed. See Awards 22120 and 22304.
Even if, arguendo, we could avoid the procedural defect, we would be required to d<ny the claim on its merits, for the sidle reason that Claimant was initially afforded the opportunity of selecting his vacation preference and the'assignment of vacation dates was done in cooperation with the local committee as mandated by Section 4 of the National Vacation Agreement, as amended.



That the Carrier and the Employes involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Act, as approved.June 21, 193+;

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


                      A W A R D


        Claim dismissed.


                              NATIONAL RAILROAD A17JUSTMENT BOARD

                              By Order of Third Division


ATTEST: Acting Executive Secretary
 National Railroad Adjustment Board

    o marie Breech - Administrative Assistant


Dated at Chicago., Illinois this 10th day of March 1982.

    ~-cEivED


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