Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26802
THIRD DIVISION Docket No. MS-27614
88-3-87-3-63
(Donald J. Morganti
PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim of D. J. Morganti (#261) that:

(a) Carrier violated the provisions of the current Clerks' Agreement at Topeka, Kansas when it improperly abolished position #6810 on July 31, 1985 and

(b) Carrier failed to provide BRAC with a list of duties not abolished and a list of position numbers to which these duties were to be redistributed, and

(c) Mr. D. J. Morganti shall now be compensated $3,880.00 plus $97.00 for each day after December 4, 1985, and

(d) Mr. D. J. Morganti shall now be compensated interest 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 employes 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 in i,:terest, the Brotherhood of Railway, Airline .a·,,1 Steamship Clerks were advi.,.,l of the pendency of this dispute and filed a Submission with the Divisi,)n.

The issues in the Instant dispute are virtually identical to those involved in Third Division .Award 26749. Here, as there, the facts show that no conference was held as required by the Railway Labor Act. Furthermore, even if the merits could he reached, we can find nothing in the applicable Agreement between the Carrier and BRAC which supports the Claimant's posi·,I"" that such Agreement was violated.




Form 1
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Award No. 26802
Docket No. MS-27614
88-3-87-3-63

NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division

Nancy J. r - Executive Secretary

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