Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26893
THIRD DIVISION Docket No. MS-27682
88-3-87-3-149
(G. J. Giudicessi
PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim of G. J. Giudicessi (#319) that:

(a) Carrier violated the provisions of the current Clerks' Agreement at Topeka, Kansas when it improperly attempted to establish PAD positions with the signing of the Memorandum of Agreement dated December 1, 1977, and

(b) Carrier violated clerical seniority rights by signing this Memorandum of Agreement, and

(c) Carrier shall abolish all PAD positions and rebulletin said positions as regular bid positions wherein seniority shall prevail, and

(d) G. J. Giudicessi shall now be compensated in an amount to be determined by this Honorable Board, and

(e) G. J. Giudicessi shall now be compensated interest and any other penalties 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.



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 Division.

The Claimant has alleged that Carrier acted in an unjust, arbitrary and capricious manner with their implementation of the Memorandum of Agreement dated December 1, 1977, and that the Agreement disregards rules governing seniority in the selection of PAD, PADD or Exempt positions.
Form 1 Award No. 26893
Page 2 Docket No. MS-27682



The record is clear that the action taken by the Carrier, which the Claimant challenges, was in accord with Agreements the Carrier made with the Organization. Inasmuch as the jurisdiction of the Board is confined to interpreting Agreements betwe employes, and inasmuch as there is no dispute here between the contracting parties that the Carrier fully complied with the Agreements made with the Organization, the Claim must be denied. First Division Awards 23044, 23083, 19798, 18789. Third Division Awards 12466, 14980, 18576, 26758, 26807.



        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest:
      Nancy J. r - Executive Secretary


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