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:


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.



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







Attest:
          cy J. Dey r Executive Secretary


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