Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27524
THIRD DIVISION Docket No. MS-28132
88-3-87-3-728
(G. J. Giudicessi
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of G. J. Giudicessi (488) that:
(a) Carrier violated the provisions of the current Clerks' Agreement at Topeka, Ks. when it impr
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 $1,879.48
plus $98.92 for each day after September 29, 1986, and
(d) Claimant G. J. Giudicessi shall now be compensated interest payable at the prevailing prime
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 No. 6786 on September 2,
1986, and failed to provide the organization with a list of the remaining
duties and to what positions they were distributed.
Form 1 Award No. 27524
Page 2 Docket No. MS-28132
88-3-87-3-728
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
same issues were denied by this Board in Third Division Awards 27454, 27455
and 27456, involving the same Claimant.
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 betwe
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 22nd day of September 1988.