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:


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.



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






                          By Order of Third Division


Attest:
        Nancy J. ~ffr - Executive Secretary


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