Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27255
THIRD DIVISION Docket No. MS-27928
88-3-87-3-469
(L. B. Day
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of L. B. Day on behalf of Marcia E. Ross that:
(a) Carrier violated the provisions of the current Clerks' Agreement
at Amarillo, Texas when it wrongfully terminated Ms. Ross without holding an
investigation, and
(b) Carrier withheld certain information from Ms. Ross which was
vital to her continued employment with the Carrier, and
(c) Carrier willfully and maliciously discriminated against Ms.
Ross, and
(d) Ms. Ross shall be restored with the Carrier together with all
seniority rights, and
(e)
Ms.
Ross shall now be compensated $6,000.00 plus $100.00 per day
for everyday
Ms.
Ross remains out of service, or all back wages which she is
entitled to, and
(f)
Ms.
Ross shall now be compensated interest and any other penalties and awards deemed proper by this
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.
Form 1 Award No. 27255
Page 2 Docket No. MS-27928
88-3-87-3-469
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.
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 J.- Executive Secretary
Dated at Chicago, Illinois, this 20th day of July 1988.