Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27123
THIRD DIVISION Docket No. MS-27848
88-3-87-3-376
(M. C. Galindo
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "CLaim of M. C. Galindo (411) that:
(a) Carrier violated the provisions of the current Clerks' Agreement
at Los Angeles, California when it permitted management personnel to perform
clerical duties clearly outside their scope of responsibilities on or about
June 6, 1986, and
(b) Ms. M. C. Galindo shall now be compensated an amount determined
by this Honorable Board, and
(c) Ms. M. C. Galindo shall now be compensated interest and any
other penalties 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.
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.
Form 1 Award No. 27123
Page 2 Docket No. MS-27848
88-3-87-3-376
Finally, even if the merits could be reached, we can find nothing in
the applicable Agreement between the Carrier and the Organization which supports the Claimant's posi
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: i
'Nancy J. v -Executive Secretary
Dated at Chicago, Illinois, this 17th day of May 1988.