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
(b) Carrier shall now accept grievance as presented, 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.
Parties to said dispute waived right of appearance at hearing thereon.
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.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
00,
Attest:
Nancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 28th day of January 1988.