Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27456
THIRD DIVISION Docket No. MS-28091
88-3-87-3-665
(G. J. Giudicessi
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of G. J. Giudicessi (464) that:
(a) Carrier violated the provisions of the current Clerks' Agreement
at Topeka, Kansas when it improperly abolished position 6650 on August 8,
1986, and
(b) Carrier failed to provide BRAC with a list of duties not
abolished and a list of position numbers to which these duties were to be
redistributed, and
(c) Claimant G. J. Giudicessi shall now be compensated $1,524.60
plus $101.64 for each day after September 10, 1986, and
(d) Claimant G. J. Giudicessi 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.
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 Claimant has contended that the Carrier violated the Agreement at
Topeka, Kansas, when it improperly abolished Position 6650 on August 8, 1986,
and failed to provide the Organization with a list of the remaining duties and
to what positions they were distributed.
At the outset, we note that the Claimant has other claims; see
Dockets MS-28089 and MS-28090; for the same period. This Board has consistently held that it will no
of Claims. For this reason alone, the Claim warrants dismissal.
Form 1 Award No. 27456
Page 2 Docket No. MS-28091
88-3-87-3-665
The Carrier has raised numerous defenses to the Claim, including
untimeliness and acquiescence on the part of the Claimant. With respect to
the procedural defenses raised by the Carrier, we find it unnecessary to
determine such issues as it is clear that the Claim fails on its merits.
The record is clear that the action taken by the Carrier, which the
Claimant challenges, was in accord with Agreements the Carrier made with the
Organization. Inasmuch as the jurisdiction of the Board is confined to
interpreting Agreements between Carriers and Organizations representing their
employes, and inasmuch as there is no dispute here between the contracting
parties that the Carrier fully complied with the Agreements made with the
organization, the Claim must be denied. First Division Awards 23044, 23083,
19798, 18789. Third Division Awards 12466, 14980, 18576, 26758.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
Nancy J - Executive Secretary
Dated at Chicago, Illinois, this 30th day of August 1988.