Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26758
THIRD DIVISION Docket No. MS-27591
88-3-87-3-31
The Third Division consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.
(Gary T. Giudicessi
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of G. J. Giudicessi (8275) that:
(a) Carrier violated the rules of the current Clerks' Agreement at
Topeka, Kansas when it improperly and illegally assigned clerks to positions
after implementing the conversion of the Rate, Cashier and Miscellaneous Bills
Department into the Team Concept as a result of a LETTER OF UNDERSTANDING
dated February 21, 1985, and
(b) The Team Concept should be declared improper and illegal and
should be abolished with clerks being returned to their former positions as
held before the implementation of this Agreement, and
(c) Mr. G. J. Giudicessi and all other clerks (111) clerks) shall
now be compensated a total of $630,000 plus $11,655.00 for each day after
December 9, 1985, and
(d) Mr. G. J. Giudicessi shall now be compensated interest payable
at the prevailing prime rate and any other damages and awards deemed proper by
this Honorable Board."
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.
On August 12 and 19, 1985, the Carrier and the Brotherhood of Railway, Airline and Steamship Cle
Employes (herein "BRAG"), entered into Agreements concerning the implementation of Phase 2 of "Team
September 3, 1985. The Claimant takes issue with the Carrier's action.
Form 1 Award No. 26758
Page 2 Docket No. MS-27591
88-3-87-3-31
The Carrier has raised numerous defenses to the Claim alleging jurisdictional and procedural err
find it unnecessary to reach such issues as it is clear that the Claim must
fail on the merits.
The record is overwhelmingly clear that the action taken by the Carrier, which the Claimant chal
made with BRAC covering the matter. Inasmuch as the jurisdiction of the Board
is confined to interpreting Agreements between Carriers and Organizations
representing their employes, and inasmuch as there is no dispute here between
the contracting parties that the Carrier fully complied with the Agreements
made with BRAC, the Claim must be denied. First Division Awards: 23044,
23083, 18798, 18789. Third Division Awards: 18576, 14980, 12466.
A W A R D
Claim denied.
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.