Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26800
THIRD DIVISION Docket No. MS-27612
88-3-87-3-61
(Gary J. Giudicessi
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company

STATEMENT OF CLAIM: "Claim of G. J. Giudicessi (##241) that:

(a) Carrier violated the rules of the current Clerks' Agreement at Topeka, Kansas commencing November 11, 1985 when it failed to properly respond to a Grievance submitted that date, and



(c) Claimant G. J. Giudicessi shall now be compensated $3,299.27 plus $89.71 each day after November 11, 1985 that Claimant if wrongfully denied payment of this claim, and

(d) Claimant G. J. Giudicessi shall be paid interest at the prevailing prime rate and any other 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.



As Third Party to Interest, the Brotherhood of Railway, Airline and Steamship Clerks were advised of the pendency of this dispute and filed a Submission with the Divisl,n.

The issues in the I99tant dispute are virtually identical to those involved in Third Divislm aw,rds 16749 and 27651. For the reasons set forth in those Awards, the Claim suet be dismissed.
Form 1 Award No. 26800
Page 2 Docket No. MS-27612
88-3-87-3-61

There are additional jurisdictional defects. The Claim in this dispute as handled on the propert Bargaining Agreement with the Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employes (hereinafter referred to as BRAC), when it allowed the Claimant, Mr. H. D. Lewis, to be force reduced to a furlough status. Mr. Giudicessi, upon presentation of the dispute to this Board, has ch his own behalf. Mr. Giudicessi is not the original employee involved in the Claim and the record is clear that Mr. Giudicessi has no connection with BRAC as an authorized representative. We thus have a situation in which the Claim has been changed and in which no portion of the handling of the dispute on the property was handled by the employee on whose behalf the Claim was filed or his duly authorized bargaining representative. The Claim has clearly not been handled in the "customary manner" required by the Railway Labor Act. For all the foregoing reasons, the Claim will be dismissed.






                            By Order of Third Division


00, Attest:
      Nancy J. er - Executive Secretary


Dated at Chicago, Illinois, this 28th day of January 1988.