Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26799
THIRD DIVISION Docket No. MS-27611
88-3-87-3-60
(G. V. Graphia
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of G. V. Graphia (I#237) that:
(a) Carrier violated the rules of the current Clerks' Agreement at
Temple, Texas commencing November 7, 1985 when it failed to properly accept or
respond to a grievance submitted that date, and
(b) Claimant G. V. Graphia shall now be compensated $16,965.00 plus
$282.75 each day after November 7, 1985 that Claimant is wrongfully denied
payment of this claim, and
(c) Claimant G. V. Graphia shall be paid interest payable at the
prevailing prime rate and any other such damages and awards as may be determined by this Hono
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 waived right of appearance at hearing thereon.
As Third Party in interest, the Brotherhood of Railway, Airline and
Steamship Clerks were advised of the pendency of this dispute and filed a
Submission with the Division.
The issues in the fistant dispute are virtually identical to those
involved in Third Division .ward 26749. Here, as there, the facts show that
no conference was held a, rrqulred by the Railway Labor Act, and there is no
factual evidence in the record to support the Claimant's time limit argument.
For the reasons set forth in Third Division Award 26749, the Claim will be
dismissed.
Form 1 Award No. 26799
Page 2 Docket No. MS-27611
88-3-87-3-60
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. ev - Executive Secretary
Dated at Chicago, Illinois, this 28th day of January 1988.