Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26975
THIRD DIVISION Docket No. MS-27746
88-3-87-3-220
(L. E. Escoto
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of L. E. Escoto (#357) that:
(a) Carrier violated the provisions of the current Clerks' Agreement
at Topeka, Kansas when it improperly abolished position #6740 on March 24,
1986 and
(b) Failed to provide BRAC with a list of duties not abolished and a
list of position numbers to which these duties were to be distributed, and
(c) Mr. L. E. Escoto shall now be compensated $1,164.00 plus $97.00
for each day after April 9, 1986, and
(d) Mr. L. E. Escoto shall now be compensated interest and any other
damages 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.
At the outset, we note that the Claimant has other Claims, see Third
Division Award Nos. 26977 and 26986, 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. 26975
Page 2 Docket No. MS-27746
88-3-87-3-220
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. D e Executive Secretary
Dated at Chicago, Illinois, this 30th day of March L988.