Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27532
 THIRD DIVISION Docket No. MS-28140
 88-3-87-3-737
 (L. E. Escoto
 PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of L. E. Escoto (553) that:

 (a) Carrier violated the provisions of the current Clerks' Agreement at Topeka, Kansas when it knowingly and willfully withheld information regarding the conferencing of before the National Railroad Adjustment Board, and

 (b) Carrier willfully, intentionally and maliciously withheld this information for the purpose of attempting to have grievances barred from being heard by the NRAB at a later date, and

 (c) Carrier had an obligation to advise Claimant that such conference was required with Mr. B. J. Ea current Clerks' Agreement, and failure to do so negated the spirit and intent of the Agreement, and

 (d) Carrier has treated Claimant unjustly by withholding this information, and

 (e) Claimant L. E. Escoto shall now be compensated an undetermined amount plus an additional undetermined amount for each day after October 20, 1986 that this violation continues; to be determined by this Honorable Board, and

 (f) 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.
Form 1 Award No. 27532
 Page 2 Docket No. MS-28140
 88-3-87-3-737

 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.




                          By Order of Third Division


Attest:
      4n cy J. ,PlW - Executive Secretary


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