Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26960
THIRD DIVISION Docket No. MS-27692
88-3-87-3-160
(T. E. Moore
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of T. E. Moore (#345) that:
(a) Carrier violated the rules of the current clerk's Agreement in
Winslow, Arizona when it failed to properly bulletin position 9341 by using
the term 'related duties as directed by Manager RFO' under description of job,
and
(b) T. E. Moore shall now be compensated $3,353.81 plus $101.00 for
each day after March 26, 1986, and
(c) T. E. Moore shall now be compensated interest payable at the
prevailing prime rate and any other penalties and awards as may be determined
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 was advised of the pendency of this dispute and filed a
Submission with the Division.
The facts indicate that no conference was held as required by Rule
47 of the Agreement 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. 26960
Page 2 Docket No. MS-27692
88-3-87-3-160
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J.)W v - Executive Secretary
Dated at Chicago, Illinois, this 30th day of March 1988.