Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27426
 THIRD DIVISION Docket No. MS-28053
 88-3-87-3-627
 (J. A. Harcourt
 PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of J. A. Harcourt (593) that:

 (a) Carrier violated the provisions of the current Clerks' Agreement at Los Angeles, California when it withheld information regarding the conferencing of grievances, re National Railroad Adjustment Board, and

 (b) Carrier willfully, intentionally and maliciously withheld this information for the purpose of attempting to have grievances barred from being heard by the NRAB at a later date, and

 (c) Carrier had an obligation to advise Claimant that such conference was required with Mr. B. J. Ea current Clerks' Agreement, and failure to do so negated the spirit and intent of the Agreement, and

 (d) Carrier has treated Claimant unjustly by withholding this information, and

 (e) Claimant J. A. Harcourt shall now be compensated an undetermined amount plus an additional undetermined amount for each day after October 31, 1986 that this violation continues; to be determined by this Honorable Board, and

 (f) Claimant J. A. Harcourt shall now be compensated interest payable at the prevailing prime rate a 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.
Form 1 Award No. 27426
 Page 2 Docket No. MS-28053
 88-3-87-3-627

 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. Far 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 position that such Agreement was violated.




                          By Order of Third Division


Attest:
        Nancy ver - Executive Secretary


Dated at Chicago, Illinois, this 30th day of August 1988.