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:
(The Atchison, Topeka and Santa Fe Railway Company
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.
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.
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
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest-
Nancy J D er - Executive Secretary
Dated at Chicago, Illinois, this 30th day of March 1988.