Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27443
THIRD DIVISION Docket No. MS-28078
88-3-87-3-651
(J. A. Harcourt
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of J. A. Harcourt (548) that:
(a) Carrier violated the provisions of the current Clerks' Agreement
at Los Angeles, California when it refused to provide a copy of the new contract booklet, FORM 2633
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,
after ratification of a new contract on April 10, 1986, and
(b) Carrier has stated that many rules of the current Clerks' Agreement have been changed or mod
information to its clerical forces, and
(c) Carrier shall be required to provide the Claimant with a copy of
the above form, effective April 10, 1986 reflecting all rule and appendix
changes, and any other modifications of said agreement, and
(d) Carrier has treated Claimant unjustly by withholding this information, and
(e) Claimant J. A. Harcourt shall now be compensated an amount
(retroactive 60 days from the date grievance was filed) plus an undetermined
amount for each day after October 16, 1986 that the 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 ra
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.
Form 1 Award No. 27443
Page 2 Docket No. MS-28078
88-3-87-3-651
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.
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.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. v - Executive Secretary
Dated at Chicago, Illinois, this 30th day of August 1988.