Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27280
THIRD DIVISION Docket No. MS-27985
88-3-87-3-559
(R. S. Davis
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of R. S. Davis 0559) 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
Handlers, Express and Station Employes; effective April 10, 1986, and
(c) Claimant R. S. Davis shall now be compensated an amount to be
determined by this Honorable Board, and
(d) Claimant R. S. Davis shall now be compensated interest and any
other penalties and awards deemed proper by this Hokiorable 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. 27280
Page 2 Docket No. MS-27985
88-3-87-3-559
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:
cy J. Dey r Executive Secretary
Dated at Chicago, Illinois, this 20th day of July 1988.