Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26875
THIRD DIVISION Docket No. MS-27626
88-3-87-3-75
(M. C. Galindo
PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim of M. C. Galindo (1321) that:

(a) Carrier violated the provisions of the current Clerks' Agreement at Los Angeles, California when it negotiated buyouts directly with employes without negotiating through the union (BRAC), and

(b) That such buyout offers were not in accordance with the provisions of the Agreement, and wer
(c) Ms. M. C. Galindo shall now be compensated in an amount to be determined by this Honorable Board, and

(d) Ms. M. C. Galindo 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 employes 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
The facts indicate that no conference was held as required by Rule 47-C and the Railway Labor Act. For the reasons set forth in Third Division Award 26749, the Claim will be dismissed. Furthermore, even if the merits could be reached, we can find nothing in the applicable Agreement between the Carrier and BRAG which supports the Claimant's position that such Agreement was violated.
Form 1 Award No. 26875
Page 2 Docket No. MS-27626
88-3-87-3-75






                          By Order of Third Division


Attest: (~;~7

      'Nancy J. yW- Executive Secretary


Dated at Chicago, Illinois, this 25th day of February 1988.