NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 26275

THIRD DIVISION Docket Number MS-26619

Edwin H. Benn, Referee

(C. F. Thornton PARTIES TO DISPUTE:

(Seaboard System Railroad

STATEMENT OF CLAIM:

"Since my on the job injury, November 26, 1976 and back surgery February 1978, I have been restrained from my job without a good cause. I have not obtained any other regular and substantial equivalent employment. My rights as an employee is to be reinstated with back pay or given occupational disability."

OPINION OF BOARD: Rather than first filing a claim on the property, Claimant
filed his Notice of Intent to submit an Ex Parte Submission
to this Board dated June 11, 1985, which was received by this Board on July 1,
1985.

Section 3, First (i) of the Railway Labor Act precludes us from considering the instant Claim. Section 3, First (i) requires that disputes "shall be handled in the usual manner up to and including the chief operating officer of the carrier designated to handle such disputes ...." Since Claimant did not pursue the Claim on the property and filed his Claim directly with this Board and since the matter was not discussed in conference on the property, the Claim is defective. We therefore have no jurisdiction to consider the Claim. Third Division Awards 26006; 25915· 25710· 25709· 25699& 25676; 24470; 23239; 14873.

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 Employes involved in this dispute are 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 Clam is barred.

Award Number 26275 Page 2

Docket Number MS-26619

A W A R D

Claim dismissed.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division

Attest:

Nancy ver - Executive ecretary

Dated at Chicago, Illinois, this 24th day of April 1987.