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