Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26751
THIRD DIVISION Docket No. MS-27584
88-3-87-3-22
The Third Division consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.
(Gerald V. Graphia and Randy Tucker
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of Gerald V. Graphia on behalf of Randy Tucker
(#233) that:
(a) Carrier violated the rules of the current clerk's Agreement and
provisions of the Railway Labor Act at Amarillo, Texas when it failed to properly compensate Randy T
return for accepting a lump sum separation allowance, and
(b) Randy Tucker shall now be compensated the difference between the
three thousand five hundred dollars ($3,500.00) received and of the Washington
Job Protection Agreement of May 1936 in addition to interest payable at the
prevailing prime rate and any other such damages and awards as may be determined by this Honorable B
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 employees 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.
Parties to said dispute were given due notice of hearing thereon.
This dispute contains the same jurisdiction defect described in Third
Division Award 26749 and, for the same reasons set forth in Third Division
Award 26749, the Claim must be dismissed.
There are additional jurisdictional defects. The Claim in this dispute is that the Carrier viola
Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employes
severance pay "directly to Randy Tucker without negotiating offer through
[BRAC]." The Claimant is Mr. Gerald V. Graphia. Obviously, the Claimant is
Form 1 Award No. 26751
Page 2 Docket No. NS-27584
88-3-87-320
not the employee involved in the Claim and the record is clear that the Claimant has no connecti
a situation in which no portion of the handling of the dispute on the property
involved the employe on whose behalf the Claim was filed or the duly authorized bargaining represent
been handled in the "customary manner" required by the Railway Labor Act.
For all the foregoing reasons, the Claim will be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. Dever - Executive Secretary
Dated at Chicago, Illinois, this 5th day of January 1988.