V. A. iSrauchi PARTIES T0 DISPUTE:

STATEMENT OF CLAIM: "This is to serve notice, as required by the rules of the
 National Railroad Adjustment Board, of my intention to file on ex parte submission on August 22, 1980, covering an unadjusted dispute between me and the Atchinson, Topeka and the Santa 'e Railway Company involved in the question:

 Separation pay benefits not paid to V. A. Brauchi upon separation from the Atchtnson, Topeka and Santa Fe Railway Company on June 30, 1980, in accordam:e with the protective agreement between P&SF Railway Company and GCt4F Railway at the time of their merger."

 _OPINION OF BOARD: Claimant contends he was deprived of certain severance
 benefits which we:e allegedly due him under the July 2, 1965 Merger Protection Agreement involving the Carrier, the Gulf, Colorado and Santa Fe Railway Company and the Panhandle and Santa Fe Railway Company. In 1978, the Claimant took early retirement rather than accept a transfer of his position as a freight claim adjuster from Amarillo, Texas to Topeka, Kansas. According to the Claimant, he was forced into early retirement because an illness prevented him from moving to Topeka and because the Carrier wrongfully refused to allow him to resign with the severance benefits. The Carrier specifically denies all of Claimant's allegations and emphatically asserts that Claimant is not covered by the 1965 Merger Protection Agreemert. Furthermore, the Carrier argues that this Board lacks jurisdiction to adjudicate the claim since it was not handled on the property in accord with the Railway Labor Act.

 Claimant retired from the Carrier's service on June 30, 1978. The first time that Claimant, in writing, asserted his claim for benefits under the 1~65 Merger Protection Agreement was on July 24, 1980 when the Claimant filed his notice of intent to file an ex pane submission with this Board.
progressed in accord with the provisions of the Railway Tabor Act, 45 U.S.C.
 9151 et se q. The relevant portion of section 2, First and Second of the Act
 states:



                    Docket Number MS-238118


        representatives designated and authorized so to confer, respectively, by the carrier or carriers and by the employees thereof interested in the dispute." 45 U.S.C, ®152, second.


Section 3, First (i) of the Act mandates that all disputes between an employee and a carrier, "... be handled In the usual manner up to and including the chief operating officer of the carrier designated to handle such disputes..." ~5 U.S.C. X153, First (i). Section 301.2(b) of the Rules of Organization and Procedure issued by t-he National Railroad Adjustment Board as Circular No. 1, O.aober 10, 1934, states:

        "(b) No petition shall be considered by any division of

        the Board unless the subject matter has been handled

        in accordance with the provisions of the Rai ~n Labor

        Act, approved June 21, 1 Emphasis added.


The record before us clearly demons trates that claimant failed to bring his claim through the various levels of appeal on the property up to the highest designated carrier officer. The Claimant did not make reasonable efforts to settle the dispute or engage in a conference with Carrier representatives as required by the Railway Labor Act. This Board lacks jurisdiction to consider the merits of any dispute unless it has been handled in accordance with the above cited sections of the Railway Labor Act and Circular No. 1. Third Division Award No. 1y790 (Brent). Thus, we must dismiss the claim.

        _FIl1DINCS: The third livision of the Adjustment Board, upon the whole record end all the evidence, finds and holds:


        That the parties waived oral hearing;


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 is barred.

                        Award Ntanber 23579 Page 3

                      Docket Number MS-23848

                      A W A R D


        Claim dismissed.


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Third Division


ATTEST: Acting Executive Secretary
        National Railroad Adjustment Board


By ~ri·1~.1·fi· y
 de Breach - Administrative Assistant

        Dated at (hicago, IlJ.inoisy this 10th day of March 19fP·