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:


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.



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



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.



        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.