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:


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.



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








Attest:
        ancy J. - Executive Secretary


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