Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26892
THIRD DIVISION Docket No. MS-27681
88-3-87-3-148
(G. V. Graphia
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of G. V. Graphia (/1314) that:
(a) Carrier violated the provisions of the current Clerks' Agreement
at Bay City, Texas when it improperly abolished position 116073 on February 21,
1986, and
(b) Carrier failed to provide BRAC with a list of duties not
abolished and a list of position numbers to which these duties were to be
redistributed, and
(c) Mr. G. V. Graphia shall now be compensated $1,800.00 plus
$100.00 for each day after February 21, 1986, and
(d) Mr. G. V. Graphia shall now be compensated interest and any
other damages and awards deemed proper by 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
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. 26892
Page 2 Docket No. MS-27681
88-3-87-3-148
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:w <:;~;?
Nancy J.
)v-
Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1988.