Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26879
THIRD DIVISION Docket No. MS-27630
88-3-87-3-80
(J. J. Clarke
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of J. J. Clarke (#J330) that:
(a) Carrier violated the provisions of the current Clerks' Agreement at Los Angeles, California
(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. J. J. Clarke shall now be compensated in an amount to be
determined by this Honorable Board, and
(e) Mr. J. J. Clarke 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.
Parties to said dispute waived right of appearance at hearing thereon.
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. 26879
Page 2 Docket No. MS-27630
88-3-87-3-80
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
a~ v - Executive Secretar
y ? y
Dated at Chicago, Illinois, this 25th day of February 1988.