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                  Award Number 24061

                  THIRD DIVISION Docket Humber .15-24322


                      Edward M. Horn, Referee


      (Vicki Lynne Laud PARTIES TO DISPUTE:

                  (Southern Railway Company


                    STAMENT OF (MAIM: "I intend to file a submission stating that during my employment with Southern Railways I was discriminated against because of weight by management of Management Information Services (MIS) department. That this resulted in an earlier resignation,, and after exposing this discrininationj, I was reinstated. I intend to shoe that after my reinstatement.. management continued their harrassmeat -- only designed. towards other areas of my performance. That I had a sick child (fractured skull) and my attendance record suffered -- and that although this was a temporary situation until he recovered and management was aware of these problem., they continued every effort to reprimand me about my attendance.


      Further, that I was placed on Extra Hoard on June 16, 1980. That management did not alloy me to be considered for other departments because of my attendance record. That they withheld the real reasons I had been out from other departments -- and that the manager a2 MIS,, himself told me not to bather bidding out because he would not give me a good recommendation.


      That after being placed on Extra Boards I knew I could not keep the requirements of the rules that S instead of union ralesp and that after I had resigned the rules changed to what they should have been all along. That management was avers I couldn't keep the Extra Board rules but didn't cares and that I vas harisssed., verbally tortured "screamed" ate called names, and threatened constantly over the phone. They sent me registered letters of warning, reprimand and suspension.


      That I was treated inhumane callous and without consideration. That I begged to be placed on furlough -- waited for as answer -- filly the answer was typed on the same day I typed my resignation -- and that I immediately tried to withdraw the resigaetioa., but was denied.


      That I was originally turned down for employment benefits by the Railroad Retirement Board. But that after a full year of appeals and intense investigation, the full truth was compiled (which will be submitted in my submission as evidence) an on the grounds that although I did submit my resignation, it certainly was not voluntary.

                    Award Number 24o61 page 2

                    Docket Number MS-24322


That I was a loyal employee -- in spite of my treatment -- and that uy work was excellent -- and that I was there until forced off my fob.

 In accordance with my suit, I intend to shay how my family has suffered -- how our lifestyle has changed dramatically -- and horn we are continuing to suffer because of the losing of my livelihood. That I needed my fob to support my family sari to live. And that my own self-confidence and self-worth has been virtually destroyed by my treatment.

 It is my intention, therefore, to ask to be reinstated as an emr ployee of Southern Railway,, 125 Spring St., Atlanta, Ga., is whatever department there is an openin with my back pay as of July 11, 1980."

 OPINION OF BOARD: Ms. Laird# the Claimant, left the service of the (terrier
 by way of resignation effective July 16, 1980. In her
 appeal to this Board., she claims that the "resignation" was other than vol
 untary.

 This Board has no recourse other than to dismiss the claim of Ms. Laird far a number of reasons. First, the Railway labor Act of 1934, as amended, and regulations issued pursuant to the Act (ie.. Circular #1), clearly prohibit this Hoaxd.'s jurisd Rule C03, paragraph 1(a) of the May 1, 1973 Agreement between the Carrier and the Organization representing Ms. Laird explicitly details the procedures to be utilized is considering the dispute/grievance as presented is Ms. Laird's claim* Claimant failed to avail herself of these procedures and this Board is powerless to act in any other fashion than to dismiss the claim. Both the-Act and the Agreement clearly spell out the manner is which these cases should be presented at the first level; this Board is not able, as Ms. Laird wishes, to consider this matter for the first ties. We are governed by the Act and the parameters of the Agreement, neither of which give us authority to consider this matter.

 FILINGS: The Third Division of the Adjustment Board, upon the whole record
 and all the evidence, finds and holds: .-

        That the parties waived oral hearing;


That the Carrier and the FZaployes involved is this dispute are respectively Carrier and Fmployes within the meaning of the Railway Labor Act, as approved Jane 21, 1934)

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

        That the Claim is barred.

                    Award N=ber 24061 1~a8e 3

                    Docket Number MS-24322

                    A W A R D


        Claim dismissed.


                    ' RATIONAL RAILROAD AWUS7MENT HOARD

                    By Order of Third Division


A2TFST: Acting Executive Secretary
 National Railroad Adjustment Hoard

 By
 ~~ Ros~atie Breach - Administrative Assistaat

 Dated at Chicago., Illiaoies this 14th day of December 1982·