PARTIES TO 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 an ex parts submission on February 25, 1980 (30 days from date) covering an unadjusted dispute between me and the Chesapeake and Ohio Railway Company involving the question:

 That the Chesapeake and Ohio Railway Company did intentionally deprive me of my seniority as a Prior Rights Agent end Operator, did willfully intimidate, harass and discriminate against me from positions I had filled far eighteen (18) years, abusing the authority invested in them by General Agreement No. 9 dated March 1, 1972."

 OPINION OF BOARD: This claim is doomed by major procedural defects.

 The record shows Claimant did not handle his grievances in accordance with the procedures clearly set forth in Rule 27h of the Agreement governing his employment with the Carrier. He failed to present his claim/grievances initially with the proper officer of the Carrier authorized to receive same, and he failed to progress the claim through the appeals procedures within the prescribed time limits to and including the highest officer of the Carrier designated to handle such matters. Therefore, the claim was not handled as required by Section 3, First (i) of the Railway Labor Act and Circular No. 1 of this Board. The Claim must be dismissed.

 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:

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.


                        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
 Rolhoarie Breach - Administrative Assistant

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

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