STATEMENT OF CLAIM: Claim of Joint Council Dining Car Employes Union, Local 849 on the property of the Chicago, Rock Island and Pacific Railroad Company, for and on behalf of Jewell D. Grimes, Waiter, that he be restored to service with seniority and vacation rights unimpaired and compensated for net wage loss from May 29, 1963, account of Carrier dismissing Claimant from service in violation of the Agreement and in abuse of its discretion.
OPINION OF BOARD: Carrier contends that this claim is barred under the applicable Time Limit Rules inasmuch as it was withdrawn from the Board and it was agreed that disposition of the case would turn on Claimant's behavior during the period of one year after he was dismissed, and once having been withdrawn it could not be reinstated.
The record shows that the identical claim was filed on November 20, 1963. On January 8, 1964, the Organization wrote this Board,
The settlement was set forth in a letter dated August 16, 1963, addressed to the General Chairman over the signature of G. E. Mallery, Vice-President of the Carrier, as follows:
The claim was refiled when, according to the Organization, the Carrier failed to follow its own Rule G policy and acted in bad faith. It accused Carrier of using evidence of events which occurred on July 22, 1963, which was before the date of the settlement but after the discharge, as the basis for refusing Claimant reinstatement under the Rule G policy. Thus, the claim is not that the settlement was made in bad faith but that it was carried out in bad faith. The Organization did not seek to repudicate the settlement but did seek its enforcement. What seems to be involved is a violation of the settlement agreement but that claim is not before us.