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:
(The Atchison, Topeka and Santa Fe Railway Company
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.
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 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.
A W A R D
Claim denied.
NATIONAL RAILROAD
ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. q,~fr - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of September 1988.