Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27054
THIRD DIVISION Docket No. MS-27800
88-3-87-3-300
(G. J. Giudicessi
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of G. J. Giudicessi (0388) that:
(a) Carrier violated the provisions of the current Clerks' Agreement
at Topeka, Kansas when it improperly abolished position #6775 on April 3,
1986, and
(b) Failed to provide BRAC with a list of duties not abolished and a
list of position numbers to which these duties were to be distributed, and
(c) Claimant Giudicessi shall now be compensated $1,940.00 plus
$97.00 for each day after May 1, 1986, and
(d) Claimant 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 Transportation Communications Union
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 for the
same period. This Board has consistently held that pyramiding, compounding
and duplicating claims cannot be supported. Indeed, the Claimant has offered
no proof of any loss of earnings.
Form 1 Award No. 27054
Page 2 Docket No. MS-27800
88-3-87-3-300
The Claimant has alleged that the Carrier violated the Agreement
when on April 3, 1986, it improperly abolished Position No. 6775, at Topeka,
Kansas, and failed to provide BRAC with a list of duties not abolished and a
list of position numbers to which these duties were distributed.
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:
aw
Nancy J r - Executive Secretary
Dated at Chicago, Illinois, this 25th day of April 1988.