Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26877
THIRD DIVISION Docket No. MS-27628
88-3-87-3-78
(G. V. Graphia
PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim of G. V. Graphia (II327) that:

(a) Carrier violated the provisions of the current Clerks' Agreement at Houston, Texas when it improperly attempted to establish PAD (Communication Coordinators) positions with the signing of the Memorandum of Agreement dated November 16, 1982, and

(b) Carrier violated clerical seniority rights by signing this Memorandum of Agreement, and

(c) Carrier shall abolish all PAD Communication Coordinator positions and rebulletin said positi shall prevail, and

(d) Mr. G. V. Graphia shall now be compensated in an amount to be determined by this Honorable Board, and

(e) Mr. G. V. Graphia 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 Divison 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 BRAC which supports the Claimant's position that such Agreement was violated.
Form 1 Award No. 26877
Page 2 Docket No. MS-27628
88-3-87-3-78








Attest:
      Nancy J. e)pff - Executive Secretary


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