Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26885
THIRD DIVISION Docket No. MS-27636
88-3-87-3-86
(G. E. Duncan
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of G. E. Duncan (/1355) that:
(a) Carrier violated the rules of the current Clerks' Agreement at
Winslow, Arizona 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 G. E. Duncan shall now be compensated in an amount to
be determined by this Honorable Board and a further amount to be determined by
this Honorable Board for each day after April 8, 1986 that Claimant is wrongfully denied payment of
(d) Claimant G. E. Duncan shall now be paid interest at the prevailing prime rate and any other
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. 26885
Page 2 Docket No. MS-27636
88-3-87-3-86
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. e r - Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1988.