(A. F. Henninger PARTIES TO DISPUTE:
                  (Southern Pacific Transportation Company

                  ( (Western Lines)


STATEMENT OF CLAIM: "(a) The Southern Pacific Transportation
 Company violated the rules agreement effective September 15, 1971, particularly Section 5(a) of the Union Shop Agreement made on February 4, 1953, effective March 1, 1953.

 (b) That Claimant A. F. Henninger should be allowed eight (8) hours pay at the straight time rate of pay allowed for his position as Agent, Warm Springs, California, commencing September 8, 1981, and continuing each day thereafter until violations cease.

 (c) That Claimant A. F Henninger should be allowed eight (8) hours pay at the overtime rate of pay allowed for his position as Agent, Warm Springs, California, commencing September 8, 1981, and continuing each day thereafter until violations cease.

 (d) That Claimant A. F. Henninger should be allowed all lost fringe benefits lost subsequent to September 8, 1981, including but not limited to 'Health and
(e) That Claimant A. F. Henninger shall have all his seniority rights restored to him."

 OPINION OF BOARD: Our review of the record indicates that the
 instant claim is procedurally defective in
 that it was not handled in the usual manner for handling such
 disputes on the property under the applicable agreement. The
 record is clear that this claim was appealed directly to the
 Board from the decision of an intermediate official, it was
 never handled with Carrier's highest officer designated to
 handle disputes. In our Award 23579 we stated:

      "In order to vest jurisdiction in this Board,

      the claim must be progressed in accord with the

      provisions of the Railway Labor Act, 45 U.S.C. 5151

      et se The relevant portion of Section 2, First

      and Second of the Act states:

Award Number 24191
 Docket Number i4S-24697

      "'It shall be the duty of all carriers, their officers, agents, and employees to exert every reasonable effort... to settle all disputes ....' 45 U.S.C. 5152, First.


      'All disputes between a carrier or carriers and its or their employees shall be considered, and, if possible, decided, with all expedition, in conference between 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. 5152, Second.


Section 3, First (i) of the Act mandates that all disputes between an employee and a carrier, '. in the usual manner up to and including the chief operating officer of the carrier designated to han disputes...' 45 U.S.C. S153, First (i). Section 301.2(b) of the Rules of Organization and Procedure issued by the National Railroad Adjustment Board as Circular No. 1, October 10, 1934, states:

      1(b) ~No etition shall be considered by any

      division of the Board unless the subject matter

      has been handled in accordance wit the pro

      visions o the Railway La or Act, approved

      une 3 . Emphasis added


The record before us clearly demonstrates 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. Tfiird Division Award No. 19790 (Brent). Thus, we must dismiss the claim."

 Page Two

 We will follow Award 23579 and dismiss the claim.

          FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds arid holds:

                  Award Number 2191 Page Three

                  Docket Number MS-24697


          That the parties waived oral hearing;


That the Carrier and the Employe involved in this dispute are respectively Carrier and Employe within the meaning ofthe Railway Labor Act, as approved June 31, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an
          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 /J
 emarie Brasc , Administrative Assistant

 Dated at Chicago, Illinois, this 28th day o! February 1983.