Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27450
THIRD DIVISION Docket No. MS-28085
88-3-87-3-659
(G. V. Graphia
PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim of G. V. Graphia (503) that:

(a) Carrier violated the provisions of the current Clerks' Agreement at Temple, Texas when it improperly abolished position 6403 on September 8, 1986, and

(b) Claimant G. V. Graphia shall now be compensated $1,500.00 plus $100.00 for each day after October 2, 1986, and

(c) Claimant G. V. Graphia shall now be compensated interest payable at the prevailing prime rate and any other damages 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.



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.
Form 1 Award No. 27450
Page 2 Docket No. MS-28085
88-3-87-3-659








Attest:
      Nancy J D r -'Executive Secretary


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