Paul C. Carter, Referee


              (Jeffrey Blank


PARTIES TO DISPUTE:
              (Consolidated Rail Corporation


STATEMENT OF CLAIM:

"Jeffrey Blank, formerly an employee of Consolidated Rail Corporation, brings this appeal to the November 10, 1934). Notice of his intention to make an Ex Parte Submission was given to the Board April 28, 1986, setting forth the submission intended to address the question whether Mr. Blank's discharge was a lawful or proper.

This results from Mr. Blank's dismissal as imposed by the carrier in letter dated August 16, 1985, following trial held on August 8, 1985. The claim was submitted to Special Board of Adjustment No. 976; and in System Dockets No. CR-1810-D and CR-1811-D (Awards Nos. 5 and 7) was denied."

OPINION OF BOARD: The record shows that the Claimant herein was involved in
three separate and distinct disciplinary Hearings. Two of
the Hearings resulted in the discipline of dismissal in each case, and one
resulted in a seven-day suspension.

The two dismissal cases were progressed on the property in accordance with the provisions of the Railway Labor Act, and submitted to Special Board of Adjustment No. 976. On March 21, 1986, that Special Board of Adjustment rendered its Award Nos. 5 and 7, denying Claimant's appeals of discipline dismissals.

The Awards of Special Board of Adjustment No. 976 were final and binding on all parties, including the Claimant. The Awards constituted final decisions in the termination of Claimant's employment relationship with the Carrier. Those Awards are not subject to attack in proceedings before this Board.

As Claimant's employment relationship with the Carrier has been terminated, the present Claim is
        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;

                      Award Number 26472 Page 2

                      Docket Number MS-27225


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 Claim be dismissed.


                        A W A R D


        Claim dismissed.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest:

      10,


      Nancy J. De er - Executive Secretary


Dated at Chicago, Illinois, this 9th day of September 1987.