SPECIAL BOARD OF ADJUSTMENT N0. 605
PARTIES) Hotel and Restaurant Employees and Bartenders International Union
TO ) and
DISPUTE ) Missouri Pacific Railroad Company
QUESTION
AT ISSUE: "Whether the Carrier is required by the February 7, 1965 Agreement to
restore to protected status employes whom it deprived of protected
status by the application of a pre-1965 schedule rule reading as follows:
'An employe who does not perform any service within the scope of this
agreement for a period of twelve months shall be dropped from the
seniority roster and his employment relation terminated.'
and whether the Carrier is required to pay the employes the compensation
to which they have been entitled under the February 7, 1965 Agreement
as protected employes."
OPINION
OF BOARD: Notwithstanding our conclusions in Award No. 318 (Case No. H&RE-18-W),
the Board finds that the organization, by agreement
1/
entered into
after the February 7, 1965 Agreement (March 18, 1966) and expressly
in recognition of it, waived its rights and settled and compromised
the claim herein.
AWARD
The answer to the Question at issue is answered in the negative.
.~- E ~ '
_1/ "This has reference to your letter dated March 16, 1966, and
discussion in conference with Mr. Johnson on March 2, concerning the status
of 13 employes whose names were listed in our letter addressed to you and
other General Chairmen dated January 25, 1966, pursuant to the provisions
of the National Mediation Agreement of February 7, 1965 -- it being your
contention that these men are all extra rather than furloughed.
"Following our discussion in conference on March 2 and subsequent
conversations on the telephone, this is to advise you that we are
agreeable to returning the men whose names are listed on Attachment
No. 1 appended hereto to the protected list in accordance with the
provisions of the National Mediation Agreement of February 7, 1965,
with the understanding that they will be afforded the protection to
(footnote continued):
which entitled under said agreement so long as they remain on the
seniority roster of Dining Car Cooks and Waiters provided:
"l. They furnish the Carrier with monthly statements of their
earnings from all sources and/or unemployment compensation
benefits received each month so that the Carrier may have
credit therefor against any protective benefits due them,
and
"2. You are in agreement with the Carrier that Rule 15 (c) as
revised by Memorandum Agreement dated June 4, 1964, providing
that:
"'An employe who does not perform any service
within the scope of this agreement for a
period of twelve months shall be dropped from
the seniority roster and his employment relation terminated.'
has not been amended or cancelled by the National Mediation
Agreement of February 7, 1965, and therefore remains in full
force and effect. ._/
"Any protective benefits due the employes whose names are
listed on Attachment 1 appended hereto will terminate on the date
their names are removed from the seniority roster as provided in Rule
15 (c) as revised June 4, 1964. As we understand the matter, the
seniority of one or more of the men listed thereon has already been
terminated, notwithstanding which they will be allowed any benefits
to which entitled up to the date of said termination.
"If you are in accord with the foregoing, kindly affix your
signature in the space provided hereon and return one copy for our
files."
(End of footnote.)
Dated: Washington, D. C.
July 27, 1972