Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26804
 THIRD DIVISION Docket No. MS-27616
 88-3-87-3-77
 (L. B. Day
 PARTIES TO DISPUTE:
 (The Atchison, Topeka and Santa Fe Railway Company

 STATEMENT OF CLAIM: "Claim of L. B. Day 0323) that:

 (a) Carrier violated the provisions of the current Clerks' Agreement at Houston, Texas when it negotiated buyouts directly with employes without negotiating through the union (BRAC), and

 (b) That such buyout offers were not in accordance with the provisions of the Agreement, and were in fact improper and illegal, and (c) Mr. L. B. Day shall now be compensated in an amount to be determined by this Honorable Board, and

 (d) Mr. L. B. Day shall now be compensated interest and any other penalties 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 chat:

 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 in interest, the Brotherhood of Railway, Airline and Steamship Clerks were advised of the pendency of this dispute and filed Suhmission with the Division
The issues in the :istant dispute are virtually identical to those involved in Third Division Nward 26749. Here, as there, the facts show tha: 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 positl"r, that such Agreement was violated.
 Form 1 Award No. 26804
 Page 2 Docket No. MS-27616
 88-3-87-3-77

        Claim dismissed.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By order of Third Division


Attest:
      Nancy J. - Executive Secretary


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