Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26878
THIRD DIVISION Docket No. MS-27629
88-3-87-3-79
(C. D. Nowell
PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim of C. D. Nowell (/1329) that:

(a) Carrier violated the provisions of the current Clerks' Agreement at Winslow, Arizona when it improperly attempted to establish PAD (Communication Coordinators) posit 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 positions shall prevail, and

(d) Mr. C. D. Nowell shall now be compensated in an amount to be determined by this Honorable Board, and

(e) Mr. C. D. Nowell 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 BRAC which supports the Claimant's position that such Agreement was violated.
Form 1 Award No. 26878
Page 2 Docket No. MS-27629
88-3-87-3-79






                          By Order of Third Division


Attest
Nancy J.,oK)K - Executive Secretary

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