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.



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.




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:


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