Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26803
THIRD DIVISION Docket No. MS-27615
88-3-87-3-64
(J. R. Adelfson
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "CLaim of J. R. Adelfson (#267) that:
(a) Carrier violated the rules of the current clerk's Agreement when
it failed to properly bulletin position #9322 by using the term 'and other
duties as directed by Manager RFO' under description of job, and
(b) J. R. Adelfson shall now be compensated $2,917.09 plus $100.37
for each day after December 5, 1985 in addition to interest payable at the
prevailing prime rate and any other such damages and awards as may be
determined 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 rmployes 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 theroon.
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 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 ^· roached, we can find nothing in the applicable
Agreement between the Carrier and BRAC which supports the Claimant's posits
that such Agreement was ,iol4ted.
A W A R D
Claim dismissed.
Form 1 Award No. 26803
Page 2 Docket No. MS-27615
88-3-87-3-64
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois this 28th day of January 1988.