C:\MYDOCU~1\SCHEDU~2\3-27231.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27231
THIRD DIVISION Docket No. MS-27904
88-3-87-3-445
(G. V. Graphia
PARTIES TO DISPUTE:

(The Atchison, Topeka and Santa Fe Railway Company

STATEMENT OF CLAIM: "Claim of G. V. Graphia (416) that:

(a) Carrier violated the provisions of the current Clerks' Agreement at Galveston, Texas when it permitted management personnel to perform clerical duties clearly outside their scope of responsibilities on May 13, 1986 and

(b) Mr. G. V. Graphia shall now be compensated an amount determined by this Honorable Board, and

(c) Mr. G. V. Graphia 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. 27231 Page 2 Docket No. MS-27904 88-3-87-3-445 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. Nancy . D -Executive Secretary Dated at Chicago, Illinois, this 20th day of July 1988.