(S. K. Anderson
PARTIES TO DISPUTE:
(The Denver and Rio Grande Western Railroad Company

STATEMENT OF CLAIM: " ascertaining weather (sic) the carrier has






OPINION OF BOARD: Petitioner submitted the above question for adjudication
by this Board. Carrier raises a jurisdictional issue
asserting: the question submitted to the Board was not given the "usual
manner of handling on the property."

A review of the record clearly supports Carrier's contention that petitioner's question for adjudication has not met the test of "usual mapner of handling on the property" of the question now before us, as is required by Section 3, First (i) of the Railway Labor Act, Circular No. 1 of the National Railroad Adjustment Board and rules of the applicable collective bargaining agreement. Accordingly, the Board lacks jurisdiction to consider the matter as presented by the petitioner and the claim is dismissed.

        FINDINGS: 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 Employe involved in this dispute are respectively Carrier and Employe within the meaning of the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board had jurisdiction over the dispute involved herein; and

        That the claim is barred.

                                            Page 2


                    Award Number 24404

                    Docket Number MS-24881


                        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:
          Rosemarie Breach, Administrative Assistant


Dated at Chicago, Illinois, this 26th day of May 1983.

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