Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27522
THIRD DIVISION Docket No. MS-28130
88-3-87-3-726
(G. J. Giudicessi
PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim of G. J. Giudicessi (477) that:

(a) Carrier violated the provisions of the current Clerks' Agreement at Topeka, Kansas when it improperly bulletined position 6047 on August 25, 1986, by inserting the term 'and other duties as may be assigned' or similar words under description of duties, and

(b) Carrier shall be prohibited from using the term 'other duties as may be assigned' or similar words under description of duties when bulletining a position.

(c) Claimant G. J. Giudicessi shall now be compensated $1,596.60 plus $106.44 for each day after September 23, 1986, and

(d) Claimant G. J. Giudicessi shall now be compensated interest 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 Claimant has contended that the Carrier violated the Agreement at Topeka, Kansas, when it improperly bulletined Position No. 6047 on August 25, 1986, by inserting the term "and other duties as may be assigned," or similar words under the description of duties.
Form 1 Award No. 27522
Page 2 Docket No. MS-28130
88-3-87-3-726

At the outset, we note that the Claimant has several other claims for the same period. This Board has consistently held that it will not allow the pyramiding, compounding and duplicating of Claims. For this reason alone, the Claim warrants dismissal.

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 the 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.






                          By Order of Third Division


Attest:
        Nancy J. q,~fr - Executive Secretary


Dated at Chicago, Illinois, this 22nd day of September 1988.