Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
26884
THIRD DIVISION Docket No.
MS-27635
88-3-87-3-85
(M. C. Galindo
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of M. C. Galindo
(##354)
that:
(a) Carrier violated the rules of the current Clerks' Agreement at
Los Angeles, California commencing April
8, 1986
when it failed to properly
respond to a grievance submitted that date, and
(b) Carrier shall now accept this grievance as presented, and
(c) Claimant M. C. Galindo shall now be compensated
$300,000.00
plus
$5,000.00
each day after April
8, 1986
that Claimant is wrongfully denied payment of this claim, and
(d) Claimant M. C. Galindo shall now be paid interest at the prevailing prime rate and any ot
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
$300,000.00,
plus
$5,000.00
for each day after April
8, 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.
Form 1 Award No. 26884
Page 2 Docket No. MS-27635
88-3-87-3-85
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.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy - Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1988.