Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26990
THIRD DIVISION Docket No. MS-27761
88-3-87-3-236
(L. B. Day
PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim of L. B. Day (##381) that:

(a) Carrier violated the provisions of the current Clerk's Agreement at Galveston, Texas when it improperlsy (sic) bulletined position 6092 on February 19, 1986 by inserting the term 'other duties as may be assigned' or similar words under description of duties, and

(b) Claimant L. B. Day shall now be compensated $3,773.40 plus $99.30 for each day after April 22, 1986, and

(c) Claimant L. B. Day shall now be compensated interest payable at the prevailing prime rate and any other penalties and awards as may be determined by this Honorable
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. 26990
Page 2 Docket No. MS-27761
88-3-87-3-236






                          By Order of Third Division


Attest-
      Nancy J D er - Executive Secretary


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