Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26974
THIRD DIVISION Docket No. MS-27745
88-3-87-3-219
(G. J. Giudicessi
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
PARTIES TO DISPUTE: "Claim of G. J. Giudicessi ($353) that:
(a) Carrier violated the provisions of the current Clerk's Agreement
at Topeka, Kansas when it improperly bulletined position 6025 on March 18,
1986 by using the term 'other duties as may be assigned' or similar words
under description of duties, and
(b) Claimant G. J. Giudicessi shall now be compensated $1198.01 plus
$108.91 for each day after April 8, 1986, and
(c) Claimant G. J. Giudicessi 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. 26972, 26978, 26981, 26983, 26989 and 26991, for the same
time period. This Board has consistently held that the pyramiding, compounding, and duplicating clai
offered no proof of any loss of earnings.
Form 1 Award No. 26974
Page 2 Docket No. MS-27745
88-3-87-3-219
The Claimant has alleged that the Carrier violated the Agreement when
it improperly bulletined Position No. 6025 on March 18, 1986, at Topeka,
Kansas, when it used the term "other duties as may be assigned" or similar
words under the description of the duties.
The record is clear that the action taken by the Carrier, which the
Claimant challenges, was in accord with Agreements the Carrier made with the
Organization. Inasmuch as the jurisdiction of the Board is confined to interpreting Agreements betwe
employes, and inasmuch as there is no dispute here between the contracting
parties that the Carrier fully complied with the Agreements made with the
Organization, the Claim must be denied. First Division Awards 23044, 23083,
19798, 18789. Third Division Awards 12466, 14980, 18576, 26758, 26807.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
A 'test:
Nancy VoRWver/- Executive Secretary
Dated at Chicago, Illinois, this 30th day of March 1988.