Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27264
THIRD DIVISION Docket No. MS-27937
88-3-87-3-478
(T. C. Cooks
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of T. C. Cooks ($550) that:
(a) Carrier failed to properly reject grievance in violation of Rule
47 and grievance must be accepted as presented, and
(b) Carrier must furnish Claimant with a copy of Form 2633 Std.,
(Agreement between the Atchison, Topeka and Santa Fe Railway Company and its
Office, Station, Tower and Storehouse Employes of the Craft or Class
represented by the Brotherhood of Railway, Airline and Steamship Clerks,
Freight Handlers, Express and Station Employes; effective April 10, 1986, and
(c) Mr. T. C. Cooks shall now be compensated an amount to be determined by this Honorable Board,
(d) Mr. T. C. Cooks 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.
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. 27264
Page 2 Docket No. MS-27937
88-3-87-3-478
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: Ole
ncy J. DeyO
Executive Secretary
Dated at Chicago, Illinois, this 20th day of July 1988.