NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 24150

_ THIRD DIVISION Docket .dumber MS-24248

Ida Klaus.. Referee

(batty T. Kaehn PARTIES TO DISPUTE :

(Seaboard Coast Line Railroad Company

STATuiENT 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 pane submission on June 10, 1981 covering an unadjusted dispute between me and the Seaboard Coast Line Railroad involving the question:

Fraud in the inducement for bidding on a permanent fob is Richmond. Virginia. The day I was awarded the ,job, I was told the job and the office would be moved to Louisville, Kentucky."

OPINION OF BOARD: The petitioner filed this claim with the Board on June 10,
1981. It alleges that the petitioner lost two years of employment by reason of fraud on the Carrier's part in inducing her to bid on and accept is March 1979 a job falsely advertised as permanent.

The Carrier has made both procedural and substantive-coatentions.

The petition is not properly before the Board.

As the claim was not first presented on the property, it was not handled "in the usual meaner" as required by Section 3, First (i), of The Railway Labor Act. Indeed, the record shows that the Carrier had no notice of any dispute with the petit
Accordingly, the Board is barred from proceeding with the merits of this claim, and it must be dismissed.

Numerous awards of the Board over the years have affirmed that The Railway Labor Act vests authority in this Board to consider and decide the merits of a dispute only after the prerequisite statutory procedures on the property have been pursued.

We must note, moreover, that the claim would in any event be barred from consideration for the further reason of its moss untimeliness.

The Board does not deem it necessary to pass upon the further question raised by the Carrier as to the petitioner's employe status under The Railway Labor Act.

Award I:umber 24150 Page 2

Docket Number MS-24248

F.ua.i7IGS: The Third Division of the Adjustment Boards upon the whole record

and all the evidences finds and holds:

That the parties waived oral hearing;

That the Carrier and the Employers involved in this dispute are respectively Carrier and 3nployes within the meaning of the Railway Labor Acts 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 `d A R D

Claim dismissed.

NATIONAL RAILROAD AWIJS2AENT BOARD

By Order of Third Division

ATTEST: Acting Executive Secretary

National Railroad Adjustment Board

By .

Rosemarie Brasch - Administrative Assistant

Dated at Chicago Illinois this 15th day of February 1983.

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