Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26880
THIRD DIVISION Docket No. MS-27631
88-3-87-3-81
(J. A. Marchese
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of J. A. Marchese (#331) that:
(a) Carrier violated the rules of the current clerks' Agreement when
it failed to properly bulletin positions #6186, 6235, 6199, 6280, 6128, 6186,
6146, 6252 and 6186 by using the term 'and related duties' under description
of job, and
(b) J. A. Marchese shall now be compensated $21,339.02 plus $905.06
for each day after March 3, 1986, and
(c) J. A. Marchese shall now be compensated interest payable at the
prevailing prime rate and any other damages and awards as may be determined 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
Before turning to the issues we must comment that Claimant's request
for $21,339.02, plus $905.06 for each day after March 3, 1986, as well as any
other damages that may be determined by the Board, is grossly excessive and
has no foundation within the Agreement. Indeed, the Claimant has offered no
proof of any loss of earnings.
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. 26880
Page 2 Docket No. MS-27631
88-3-87-3-81
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By order of Third Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1988.