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:
(The Atchison, Topeka and Santa Fe Railway Company
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.
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.
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.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. - Executive Secretary
Dated at Chicago, Illinois, this 30th day of March 1988.