Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26987
THIRD DIVISION Docket No. MS-27758
88-3-87-3-233
(M. C. Galindo
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of M. C. Galindo (11377) that:
(a) Carrier violated the provisions of the current clerk's Agreement
at Los Angeles, California when it improperly bulletined position 116190, 6286
and 6291 on February 25 and March 4, 15, 1986 by using the term 'and related
duites (sic)' or similar words under description of duties, and
(b) Claimant M. C. Galindo shall now be compensated $8,634.87 plus
$301.26 for each day after April 17, 1986, and
(c) Claimant M. C. Galindo shall now be compensated interest payable
at the prevailing prime rate and any other penalties and awards as may be determined by this Honorab
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. 26973, 26974, 26979, 26985 and 26988, for the same period.
This Board has consistently held that it will not allow the pyramiding, compounding, and duplicating
Form 1 Award
No.
26987
Page 2 Docket
No.
MS-27758
88-3-87-3-233
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.
Petitioner's arguments with respect to the time limits are not supported by the record. Finally,
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
Nancy J. e - Executive Secretary
Dated at Chicago, Illinois, this 30th day of March 1988.