Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26980
THIRD DIVISION Docket No. MS-27751
88-3-87-3-226
(J. L. Griffin
PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim of J. L. Griffin (#/367) that:

(a) Carrier violated the provisions of the current Clerks' Agreement at Topeka, Kansas when it improperly abolished position //6664 on March 24, 1986 and

(b) Failed to provide BRAG with a list of duties not abolished and a list of position numbers to which these duties were to be distributed, and

(c) Mr. J. L. Griffin shall now be compensated $1,395.38 plus $97.67 for each day after April 11, 1986, and

(d) Mr. J. L. Griffin shall now be compensated interest and any other damages and awards deemed proepr 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.

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 will be dismissed. Furthermore, 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.
Form 1 Award No. 26980
Page 2 Docket No. MS-27751





        Claim dismissed.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest: (~ ~~;7 ,

        ancy J. - Executive Secretary


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