Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27559
THIRD DIVISION Docket No. MS-28171
88-3-87-3-770
(A. C. Ceballos
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF
CLAIM: "Claim of A. C. Ceballos (612) that:
(a) Carrier violated the provisions of the current Clerks' Agreement
at Barstow and Los Angeles, California when it improperly bulletined positions
6183, 9415, 6032, 6056 and 6007 on October 3, 6, 9, 1986, by inserting the
term 'and other duties as may be assigned' or similar words under description
of duties, and
(b) Carrier shall be prohibited from using the term 'other duties as
may be assigned' or similar words under description of duties when bulletining
a position.
(c) Claimant A. C. Ceballos shall now be compensated $13,783.02 plus
$513.55 for each day after November 17, 1986, and
(d) Claimant A. C. Ceballos shall now be compensated interest 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. 27559
Page 2 Docket No. MS-28171
88-3-87-3-770
A W A R D
Claim
dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. ~ffr - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of September 1988.