H. C. CROTTY
PRESIDENT B. L. SORAH, JR.
SECRETARY-TREASURER
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AFFILIATED WITH THE A. F. L.-C.1.0. AND C. L. C.
GRAND LODGE
12080 WOODWARD AVE.. DETROIT. MICHIGAN 48209
OFFICE OF
PRESIDENT
79
FILE
SBA #605
January 20, 1971
Mr. John J. Berta
Assistant to President
704-06 Consumers Building
220 South State Street
Chicago, Illinois 60604
Dear Brother Berta:
Enclosed are copies of Awards Nos. 231 and
232 of Special Board of Adjustment No. 605, which were
signed by Referee Friedman on November 16, 1970.
With best wishes, I am
Sincerely and fraternally
e
et'o-5--
CC: Mr. H. G. Harper-w/enclosures 2
Mr. A. J. Cunningham-W/enclosures 2
SPECIAL, BOARD OF ADJUSTMENT NO. 605
PARTIES ) Transportation-Communication Division
TO ) Brotherhood of Railway, Airline and Steamship Clerks
DISPUTE ) Freight Handlers, Express and Station Employes
and
Texas-Mexican Railway Company
QUESTION E. N. Rivas, who has a seniority date of April 24, 1934, in
AT ISSUE: the telegrapher craft, was displaced from his regular assign
ment on August 24, 1.964. Account no work available to him in
the telegrapher craft he was granted leave of absence September
24, 1964 to December 22, 1964, from the craft, for the purpose
of performing work in other crafts. Mr. Rivas performed ser
vice in other crafts October 1, 1964 through January 9, 1965,
retaining his seniority in the telegrapher craft. Mr. Rivas
then was available for service in his craft (telegrapher) and
performed the first work available to him which occurred on
February 15, 1965.
Does E. N. Rivas qualify as a protected employee under Article
I, Section 1 and therefore is entitled to the compensation
guarantee provided in Article IV, Section 2?
OPINION After full consideration of the particular facts in this
OF BOARD: record the Disputes Committee holds that the claimant would
qualify as a protected employe.
Because of the unique facts and circumstances of this docket,
there is no intent to establish a precedent on this or any
other carrier.
AWARD
The answer to the question is in the affirmative.
.r' Milton Friedman
' Neutral Member
)
DATED: Washington, D. C.
November /60 1970