Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26890
THIRD DIVISION Docket No. MS-27679
88-3-87-3-146
(G. E. Duncan
PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim of G. E. Duncan ($311) that:

(a) Carrier violated the provisions of the current Clerks' Agreement at Glendale, Arizona when they improperly required Claimant to hold a position in Gallup, New Mexico and violate the Motor Vehicle Codes of two states by doing so, and

(b) Would Carrier be required to compensate Claimant for the cost in obtaining a new drivers licence, and

(c) Claimant shall now be compensated an amount to be determined by this board including an amount for each day this grievance remains uncorrected, and

(d) Claimant shall now be compensated interest payable at the prevailing prime rate and any othe 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. 26890
Page 2 Docket No. MS-27679
88-3-87-3-146






                          By Order of Third Division


Attest: ~° ,
ancy J. - Executive Secretary

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