Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32981
Docket No. MS-32367
98-3-95-3-209

The Third Division consisted of the regular members and in addition Referee James E. Conway when award was rendered.

(Iser C. Gathings PARTIES TO DISPUTE:


STATEMENT OF CLAIM:




FINDINGS:

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

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee within the meaning of the Railway Labor Act, as approved June 21, 1934.
Form i Award No. 32981
Page 2 Docket No. MS-32367
98-3-95-3-209

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




Claimant in this dispute seeks lost pay and service time for pension and benefit purposes for two periods in 1990 and 1991 during which he asserts he was wrongfully withheld from service for failure to timely complete required recall procedures, including the taking of a return-to-work physical.


Carrier contends that despite receiving notification of its action by certified letter dated October 26,1990, Claimant neither filed a claim nor otherwise protested Carrier's action in forfeiting his seniority even following his reinstatement as a new employee effective August 2,1992.


The record reveals that while there is.disagreement regarding the filing of an initial claim, if a claim were filed it was never progressed on the property in accordance with the requirements of the Railway Labor Act. As the Carrier correctly points out, Section 3 First (i) of the Act requires that claims "shall be handled in the usual manner up to and including the chief operating officer of the carrier designated to handle such disputes." Precedent clearly establishes that "exhaustion of the collectively bargained grievance machinery on the property is a condition precedent to proper invocation of our jurisdiction under Section 3, First of the Railway Labor Act." (Third Division Award 28035).


Because Claimant did not progress this dispute on the property up through the Chief Operating Officer designated to hear the case, it was not "handled in the usual manner." Thus the Board lacks jurisdiction to consider its merits. Under the circumstances, our only alternative is to dismiss the claim.





Form 1 Award No. 32981
Page 3 Docket No. MS-32367
98-3-95-3-209



This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.


                        NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division


                        Dated at Chicago, Illinois, this 23rd day of December 1998.