Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27534
THIRD DIVISION Docket No. MS-28142
88-3-87-3-739
(G. J. Giudicessi
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of G. J. Giudicessi (555) that:
(a) Carrier violated the provisions of the current Clerks' Agreement
at Topeka, Kansas when it refused to provide a copy of the new contract booklet, FORM 2633 STD., AGR
RAILWAY COMPANY AND ITS OFFICE, STATION, TOWER AND STOREHOUSE EMPLOYES OF THE
CRAFT OR CLASS REPRESENTED BY THE BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP CLERKS, FREIGHT HAND
(b) Carrier has stated that many rules of the current Clerks' Agreement have been changed or mod
information to its clerical forces, and
(c) Carrier shall be required to provide the Claimant with a copy of
the above form, effective April 10, 1986 reflecting all rule and appendix
changes, and any other modifications of said agreement, and
(d) Carrier has treated Claimant unjustly by withholding this information, and
(e) Claimant G. J. Giudicessi shall now be compensated an amount
(retroactive 60 days from the date grievance was filed) plus an undetermined
amount for each day after October 22, 1986 that the violation continues; to be
determined by this Honorable Board, and
(f) 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.
Form 1 Award No. 27534
Page 2 Docket No. MS-28142
88-3-87-3-739
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 failed to provide a copy of the new contract booklet,
Form 2633 Std.
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. In addition, we further
note that the Claim is for undetermined monies without proof of any loss of
earnings. The Claim is a speculative request for a penalty, with no showing
of harm to the Claimant. For these reasons 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 Agreements the Carrier made with the
Organization. Inasmuch as the jurisdiction of the Board is confined to
interpreting Agreement 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."I'v - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of September 1988.