Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26806
THIRD DIVISION Docket No. MS-27618
88-3-87-3-67
(Gerald V. Graphia
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of Gerald V. Graphia (#302) that:
(a) Carrier violated the rules of the current clerk's Agreement when
they removed duties and changed the titles of the following positions without
properly rebulletining positions #6181, 6115, 6135, 6183, 6093, 5001, 3000,
6073, 6047, 6078, 6040, 6203, 6110, 6035, 6034, 6075, 6190, 6191 and 6192
located in Lometa, Conroe, T.ongview, Boise Southern, Beaumont, Bellville, Bay
City, Pearland and Galveston, Texas, and
(b) Carrier must he required to promptly rebulletin the above position numbers, and
(c) G. V. Graphia and occupants of these positions shall now be compensated $88,000.00 plus $2,0
(d) G. V. Graphia and occupants of these positions shall now be
compensated interest payable at the prevailing prime rate and any other
penalties 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 employees involved in thi,
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 the r.·_n.
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 be reached, we can find nothing in the applicable
Agreement between the Carrier and BRAC which supports the Claimant's position
that such Agreement was violated.
Form 1 Award No. 26806
Page 2 Docket No. MS-27618
88-3-87-3-67
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
a~ z /
Nancy J. e - Executive Sec etary
Dated at Chicago, Illinois, this 28th day of January 1988.