Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26807
THIRD DIVISION Docket No. MS-27619
88-3-87-3-68
(Gary J. Giudicessi
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company

STATEMENT OF CLAIM: "Claim of G. J. Giudicessi (I/305) that:

(a) Carrier violated the rules of the current Clerks' Agreement at Topeka, Kansas when it improperly and illegally signed a LETTER OF UNDERSTANDING dated February 21, Team Concept in the Rate Department, and

(b) This LETTER OF UNDERSTANDING should be declared invalid and the Team Concept abolished, and

(c) Mr. G. J. Giudicessi shall now be compensated a total of $60,000.00 plus $1,000.00 for each day after January 5, 1986, and

(d) Mr. G. J. Giudicessi shall now be compensated interest payable at the prevailing prime rate and any other damages 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 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 Divisi-)n.

On February 21, 1985, the Carrier and the Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employes, hereinafter referred to as the organization, entered into a Letter of Understanding governing the ap The Claimant has alleged that this Letter of Understanding is contrary to the Agreement.
Form 1 Award No. 26807
Page 2 Docket No. MS-27619
88-3-87-3-68

The Carrier has raised numerous defenses to the Claim alleging jurisdictional and procedural err issues raised by both parties and must comment that Claimant's request for $60,000.00, plus $1,000.00 for each day from January 6, 1986, until the "Team Concept" is discontinued, is grossly excessive, and has no foundation within the Agreement. Indeed, the Claimant has offered no proof of any loss of earnings. With respect to the other jurisdictional and procedural defenses raised by the Carrier, we find it unnecessary to determine such issues as it is clear that the Claim fails on its merits.

The record is clear that the action taken by the Carrier, which the Claimant challenges, was in accord with Agreements the Carrier made with the Organization. Inasmuch as the jurisdiction of the Board is confined to interpreting Agreements between Carriers and organizations representing their employes, and inasmuch as there is no dispute here between the contracting parties that the Carrier fully complied with the Agreements made with the Organization, the Claim must be denied. First Division Awards 23044, 23083, 19798, 18789. Third Division Awards 12466, 14980, 18576, 26758.






                            By Order of Third Division


Attest
Nancy J er - Executive Secretary

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