Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26896
THIRD DIVISION Docket No. MS-27685
88-3-87-3-152
(G. J. Giudicessi
PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim of G. J. Giudicessi (!1333) that:

(a) Carrier violated the provisions of the current Clerks' Agreement at Houston, Texas when they refused to provide to the Claimant a systemwide list showing all PAD and PADO positions in existance (sic), and

(b) Mr. G. J. Giudicessi shall now be compensated an undetermined amount plus an additional undetermined amount for each day after March 5, 1986 which is to be determined by this Honorable Board, and

(c) Mr. G. J. Giudicessi shall now be compensated interest payable at the prevailing prime rate 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.



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 in its refusal to provide Claimant with a systemwide list of all PAD and PADD positions being used by the Carrier throughout its system.
Form 1 Award No. 26896
Page 2 Docket No. MS-27685
88-3-87-3-152

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.






                          By Order of Third Division


Attest:
        Nancy J. -Executive Secretary


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