Form 1
NATIONAL RAILROAD
ADJUSTMENT BOARD Award No. 26759
THIRD DIVISION Docket No. MS-27592
88-3-87-3-32
The Third Division consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.
(Gary J. Giudicessi
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of G. J. Giudicessi (#292) that:
(a) Carrier violated the rules of the current Clerks' Agreement at
Topeka, Kansas when it improperly and illegally converted 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 LETTER OF UNDERSTANDING, and
(c) Mr. G. J. Giudicessi shall now be compensated a total of
$60,000.00 plus $1,000.00 for each day after December 16, 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.
The issues in the instant dispute are virtually identical to those
involved in Third Division Award 26758. For the reasons set forth in that
Award, the Claim will be denied.
Form 1 Award No. 26759
Page 2 Docket No. MS-27592
88-3-87-3-32
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. 19'ver - Executive Secretary
Dated at Chicago, Illinois, this 5th day of January 1988.