Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27260
 THIRD DIVISION Docket No. MS-27933
 88-3-87-3-474
 (M. C. Galindo
 PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of M. C. Galindo (##453) on behalf of Raymond

(a) Carrier violated the provisions of the current Clerks' Agreement at Los Angeles, California when it wrongfully terminated Mr. Phillips without holding an investigation, and

 (b) Carrier withheld certain information from Mr. Phillips which was vital to his continued employment with the Carrier, and

 (c) Carrier willfully and maliciously discriminated against Mr. Phillips, and

 (d) Mr. Phillips shall be restored with the Carrier together with all seniority rights, and

 (e) Mr. Phillips shall now be compensated $6,000.00 plus $100.00 per day for everyday Mr. Phillips remains out of service, or all back wages which he is entitled to, and

 (f) Mr. Phillips 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.

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. 27260
 Page 2 Docket No. MS-27933

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


        Claim dismissed.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest: X407009rldg ~ .V _.~
          cy J. D, ~ Executive Secretary


Dated at Chicago, Illinois, this 20th day of July 1988.