Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26891
THIRD DIVISION Docket No. MS-27680
88-3-87-3-147
(G. E. Duncan
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of G. E. Duncan (#313) that:
(a) Carrier violated the provisions of the current Clerks' Agreement
at Glendale, Arizona when they required that Claimant, in order to hold a
position, must move more than 30 miles away from his residence, and
(b) Should Carrier be requried to compensate Claimant for all
expenses incurred in such a move, 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.
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 BRAG which supports the Claimant's position that such Agreement
was violated.
Form 1 Award No. 26891
Page 2 Docket No. MS-27680
88-3-87-3-147
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. - Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1988.