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.
Parties to said dispute waived right of appearance at hearing ther-,,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 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.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 28th day of January 1988.