Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27550
THIRD DIVISION Docket No. MS-28158
88-3-87-3-755
(R. E. Ohlwiler
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of R. E. Ohlwiler (590) that:
(a) Carrier violated the provisions of the current Clerks' Agreement at Winslow, Arizona when it
regarding the conferencing of grievances, required to properly advance a grievance before the Nation
(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
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 R. E. Ohlwiler shall now be compensated an undetermined
amount plus an additional undetermined amount for each day after October 30,
1986 that this violation continues; to be determined by this Honorable Board,
and
(f) Claimant R. E. Ohlwiler shall now be compensated interest payable at the prevailing prime ra
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. 27550
Page 2 Docket No. MS-28158
88-3-87-3-755
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.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
~Aa'ncy J., ey,F - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of September 1988.