Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27067
THIRD DIVISION Docket No. MS-27813
88-3-87-3-314
(G. V. Graphia and B. F. Zysling
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of G. V. Graphia and B. F. Zysling (#I449) that:
(a) Carrier violated the provisions of the current Clerks' Agreement
at Houston, Texas when it failed to properly respond within 60 days as required by Rule 47 to a grie
(b) Carrier be required to accept this grievance as written as
required by Rule 47, and
(c) Ms. B. F. Zysling shall now have her seniority restored, and
(d) Ms. B. F. Zysling shall be paid all back wages due her from July
30, 1986, and
(e) Ms. B. F. Zysling shall now be compensated $6,000.00 plus
$100.00 for each day after July 30, 1986, and
(f) Ms. B. F. Zysling 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. For this reason alone, the Claim
warrants dismissal.
Form 1 Award No. 27067
Page 2 Docket No. MS-27813
88-3-87-3-314
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 argument with respect to the time limits are not supported by the record. Finall
find nothing in the applicable Agreement between the Carrier and the Organization which supports the
violated.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
~/ ~/JJ
Nancy J.ir - Executive Secretary
Dated at Chicago, Illinois, this 25th day of April 1988.