Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26810
THIRD DIVISION Docket No. MS-27622
88-3-87-3-71
(L. B. Day
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of L. B. Day (8315) that:
(a) Carrier violated the provisions of the current Clerks' Agreement
at Silsbee, Texas when it improperly abolished extra board position 116462 on
January 2, 1986, and
(b) Carrier failed to properly maintain an adequate work force, and
(c) Mr. L. B. Day shall now be compensated $3,800.00 plus $100.00
for each day after January 2, 1986, and
(d) Mr. L. B. Day shall now be compensated interest and any other
penalties 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··on.
As Third Party in
Interest, the
Brotherhood of Railway, Airline and
Steamship Clerks were advised of the pendency of this dispute and filed Suhmission 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 he 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. 26810
Page 2 Docket No. MS-27622
88-3-87-3-71
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
au:2-
Nancy J. e r - Executive Se retary
Dated at Chicago, Illinois, this 28th day of January 1988.