Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27741
THIRD DIVISION Docket No. CL-27724
89-3-87-3-199
The Third Division consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10163) that:
(a) Carrier violated the intent and provisions of the current
Clerk's Agreement at Winslow, Arizona, on January 6, 1986, when it failed to
recall senior off-in-force-reduction employe George Duncan on advertised permanent vacancy on Positi
(b) George Duncan shall now be placed on Position No. 6080 at
Winslow and shall be compensated eight (8) hours' pay at the pro rata rate
of Position No. 6080 for each day Position No. 6080 is scheduled to work
commencing January 6, 1986, and continuing until Claimant George Duncan is
placed upon Position No. 6080, in addition to any other compensation Claimant
may have received for this period, and
(c) After expiration of 30 days from the date of this claim, Carrier
shall pay the prevailing prime interest rate on the amount of compensation due
Claimant."
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.
The Division notes that a claim for the same period was the subject
of Third Division Award 26885, involving the same Claimant. That claim was
dismissed for procedural reasons, as well as on the merits. Despite the fact
that Carrier erred in concluding that it had not been properly notified about
Claimant's declination of the Rule 13 transfer, we have consistently held that
the pyramiding, compounding, and duplication of claims cannot be supported.
The claim must be dismissed.
Form 1 Award No. 27741
Page 2 Docket No. CL-27724
89-3-87-3-199
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J r - Executive Secretary
Dated at Chicago, Illinois, this 2nd day of March 1989.