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:
(The Atchison, Topeka and Santa Fe Railway Company
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.
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 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
88-3-87-3-149
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.
A W A R D
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.