Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26961
THIRD DIVISION Docket No. MS-27693
88-3-87-3-161
(G. V. Graphia
PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim of G. V. Graphia (##347) that:

(a) Carrier violated the provisions of the current Clerks' Agreement at Bellville, Texas when it improperly and illegally established, bulletined, or rebulletined PAD Position #5001, and

(b) Carrier violated clerical seniority rights with bulletining of said position, and

(c) Carrier bulletined said position when Appendix No. 12, which should contain the rules relating to such establishment of PAD positions, has been missing from the Agreement for years, and

(d) Carrier shall now rebulletin said position so that it will be assigned to the bidder having the greatest amount of seniority, and

(e) Carrier shall now compensate Claimant Graphia in the amount of $2,642.75 and the amount of $105.71 for each day after March 26, 1986 until subject dispute is corrected, and

(f) Carrier shall now compensate Claimant Graphia interest payable at the prevailing prime rate 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 was advised of the pendency of this dispute and filed a Submission with the Division.
Form 1 Award No. 26961
Page 2 Docket No. MS-27693
88-3-87-3-161
At the outset, we note that the Claimant has other Claims, see Third
Division Award Nos. 26954 and 26992, for the same period. This Board has con
sistently held that it will not allow the pyramiding, compounding, and duplica
ting of claims. For this reason alone, the Claim warrants dismissal.

Beyond such defect, 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 must be dismissed.

Petitioner's arguments with respect to the time limits are not supported by the record. Finally, find nothing in the applicable Agreement between the Carrier and BRAC which supports the Claimant's position that such Agreement was violated.






                          By Order of Third Division


Attest:
      Nancy J. - Executive Secretary


Dated at Chicago, Illinois, this 30th day of March 1988.