Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27259
THIRD DIVISION Docket No. MS-27932
88-3-87-3-473
(J. R. Huber
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of J. R. Huber (I#452) on behalf of Francis Herrera
that:
(a) Carrier violated the provisions of the current Clerks' Agreement
at Winslow, Arizona when it wrongfully terminated Ms. Herrera without holding
an investigation, and
(b) Carrier withheld certain information from Ms. Herrera which was
vital to her continued employment with the Carrier, and
(c) Carrier willfully and maliciously discriminated against Ms.
Herrera, and
(d) Ms. Herrera shall be restored with the Carrier together with all
seniority rights, and
(e) Ms. Herrera shall now be compensated $6,000.00 plus $100.00 per
day for everyday Ms. Herrera remains out of service, or all back wages which
she is entitled to, and
(f) Ms. Herrera 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.
Form 1 Award No. 27259
Page 2 Docket No. MS-27932
88-3-87-3-473
As Third Party in Interest, the Transportation Communications Union
was advised of the pendency of this dispute and filed a Submission with the
Division.
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. D Executive Secretary
Dated at Chicago, Illinois, this 20th day of July 1988.