Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27525
THIRD DIVISION Docket No. MS-28133
88-3-87-3-729
(L. E. Escoto
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of L. E. Escoto (489) that:
(a) Carrier violated the provisions of the current Clerks' Agreement at Topeka, Ks. when it improper
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 L. E. Escoto shall now be compensated $1,879.48 plus
$98.92 for each day after September 29, 1986, and
(d) Claimant L. E. Escoto 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 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. 27525
Page 2 Docket No. MS-28133
88-3-87-3-729
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J.iOr - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of September 1988.