Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26805
THIRD DIVISION Docket No. MS-27617
88-3-87-3-65
(Gerald V. Graphia
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of Gerald V. Graphia (#I283) that:
(a) Carrier violated the rules of the current clerk's Agreement when
it failed to properly bulletin position $6169 by using the term 'and such
other duties as may be assigned' under description of job, and
(b) G. V. Graphia shall now be compensated $3,376.20 plus $99.30 for
each day after December 11, 1985 in addition to interest payable at the prevailing prime rate and an
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 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 thos.·
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 hr reached, we can find nothing in the applicable
Agreement between the Carrier and BRAG which supports the Claimant's posfti,~n
that such Agreement was violated.
A W A R D
Claim dismissed.
Form 1 Award No. 26805
Page 2 Docket No. MS-27617
88-3-87-3-65
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J ~Ker - Executive Secretary
Dated at Chicago, Illinois, this 28th day of January 1988.