Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26971
THIRD DIVISION Docket No. MS-27742
88-3-87-3-216
(D. J. Morganti
PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim of D. J. Morganti (#I350) that:

(a) Carrier violated the provisions of the current Clerk's Agreement at Topeka, Kansas when it improperlsy (sic) bulletined position 6642 on March 18, 1986 by using the term 'other duties as may be assigned' or similar words under description of duties, and

(b) Claimant D. J. Morganti shall now be compensated $996.70 plus $99.67 for each day after April 7, 1986, and

(c) Claimant D. J. Morganti 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.



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.

At the outset, we note that the Claimant has other Claims, see Third Division Award Nos. 26964 and 26982, for the same period. This Board has consistently held that it w
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.
Form 1 Award No. 26971
Page 2 Docket No. MS-27742
88-3-87-3-216

Petitioner's arguments with respect to the time limits are not supported by the record. Finally, 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.






                          By Order of Third Division


Attest:
        ancy J. v - Executive Secretary

        i


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