Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26981
THIRD DIVISION Docket No. MS-27752
88-3-87-3-227
(G. J. Giudicessi
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of G. J. Giudicessi (#368) that:
(a) Carrier violated the provisions of the current Clerks' Agreement
at Topeka, Kansas when it improperly established, bulletined or rebulletined
PAD position #5119 on March 20, 1986, and
(b) Such establishment of PAD positions is improper and illegal as
Appendix No. 12 (which should contain rules pertaining to the establishment of
PAD positions) has been missing from the Agreement for years, and
(c) Such establishment of PAD positions violate certain clerical
seniority rights granted to clerks, under the Agreement, and
(d) Mr. G. J. Giudicessi shall now be compensated $1,137.51 plus
$103.41 for each day after April 14, 1986, and
(e) Mr. G. J. Giudicessi 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.
Form 1 Award No. 26981
Page 2 Docket No. MS-27752
88-3-87-3-227
At the outset, we note that the Claimant has other Claims, see Third
Division Award Nos. 26972, 26974, 26978, 26984, 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.
The Claimant has alleged that the Carrier violated the Agreement when
it improperly established and bulletined PAD Position No. 5119 on March 20,
1986.
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
Attest:
Nancy J. )9~ Executive Secr ary
Dated at Chicago, Illinois, this 30th day of March 1988.