Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27932
THIRD DIVISION Docket No. MS-27487
89-3-87-3-201
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.

(W. A. Keevan PARTIES TO DISPUTE:


STATEMENT OF CLAIM:

"This letter is to serve written notice of my intention to file an ex parte submission on April 10, 1987. The questions involved concern protective benefits for employees under the April 1, 1981 agreement, with regard to actions taken by the Illinois Central Gulf Railroad to abuse and subsequently deprive employees of compensation through the use of Article III, Section 1 of said agreement."

FINDINGS:

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

The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

This.Division of the Adjustment Board has jurisdiction over the dispute involved herein.



Claimant, who was employed by Carrier as an Extra Clerk in the Mobile, Alabama Freight Yard office, was denied protective payments from March 1 through December 31, 1986. He contends that Carrier denied him protective payments as a result of an improper method of calculating a decline in business. The Organization, h valid. Claimant continued to process it on his own and has forwarded it to the Third Division.

This Board has reviewed the record as presented, and we are required to dismiss the claim as not meeting the procedural requirements of the Railway Labor Act. There is no indication in the record that this claim was ever conferenced on the property Board has rendered Awards on many occasions that dismissed such claims. The Board does not have jurisdiction if the procedures leading up to a Board review have not been followed.
Form 1 Award No. 27932
Page 2 Docket No. MS-27487
89-3-87-3-201






                          By Order of Third Division


Attest:
        Nancy J. -Executive Secretary


Dated at Chicago, Illinois, this 6th day of June 1989.