SPECIAL BOARD OF ADJUST.ili'2TT T·70. 605
PARTIES ) Chicago, Rock Island & Pacific Railroad Company
TO
Ties
) and
DISPUTE ) Brotherhood of Maintenance of Way Employer
QUESTION Are Guadalupe Hernandez, Pedro Ortiz,
AT ISSUE: Paul Cabral., Jimmie C.
Sanchez, John
Knust, Manuel Pina, William J. Rodriguez,
Michael Preuss, Abrham Gonzales, Wayne
Weber and Byron Pauley each entitled to
be paid for all time he has not been per
mitted to work on or after I-larch 1, 7.965,
and to be made whole for paid vacations,
holiday pay, health and welfare, and any
any all. other similar berei:its, because
of the failure of tire Carrier to return
hire to and/or retain him in compensated
service at his guaranteed comp:~nsation
as required by Article I,
Protected
Employer,
and Article IV, Compensation Due Protected
Employer, of the mediation Agreement of
February 7, 1965, and the Interpretations
thereto dated November 24, 1965?
OPINION Under the Interpretations of November 24, 1965,
OF BOARD: the time limit on individual claims involving an
interpretation of the Agreement does not begin to
run until December 24, 1_965. Thus the claims which were filed
on February 11 and February 13, 1966, cannot be considered
untimely.
Evidence is lacking to support Carrier's assertion
that certain Claimants were seasonal employees. Factual information to support that assertion is within Carrier's control,
and in the absence of it the Committee cannot make such a
determination.
In other respects the arguments are similar to
those in Award No. ~ (Case No. H9-12-W) and the Award is the
same.
AWARD NO.
Case No. t~:Ld-16--,I
A W A R D
The answer to the Question is "Yes", and the claimants
are entitled to those benefits provided for in the Agreement
of February 7, 1965, and its interpretations, without prejudice to,,~
any benefits provided by other agreements pertaining to paid pr·\~ya
vacations, holiday pay, health and welfare and any and all other
similar benefits which do not fall within the jurisdiction of
this Committee.
Milton fr:~lman
Neutral Member
Dated: Washington, D.C.
June 10,
1969
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