SPECIAL BOARD OF ADJUSTMENT N0. 605
PARTIES ) Hotel and Restaurant Employees and Bartenders International
TO ) Union
DISPUTE ) and
Chicago, Milwaukee, St. Paul and Pacific Railroad Company
QUESTIONS (1) Whether the Carrier shall be required to furnish its
AT ISSUE: records of the employment in 1962, 1963 and 1964 for
each employee represented by the Union whom the Car
rier classified as seasonal under the February 7,
1965 Agreement and show with respect to each whether
his employment in each of those years followed a pat
tern of lay-offs for seasonal reasons.
(2) Whether, when with respect to any employee the show
ing required pursuant to Question (1) fails to show
in each of such years a pattern or lay-offs for sea
sonal reasons, the Carrier must now compensate such
employee in accordance with Article IV of the Febru
ary 7, 1965 Agreement, Section 1, if he held a regu
larly assigned position on October 1, 1964, otherwise
Section 2.
(3) Whether, with respect to protected employees not
shoran to be seasonal, and who were on furlough on
February 7, 1965 and were not recalled to service
on or before March 1, 1965, the Carrier must now
compensate such employees in accordance with Arti
cle IV of the Agreement for any lost time not here
tofore paid for.
OPINION Under the facts and circumstances surrounding the handling and
OF BOARD: processing of this dispute, the Board is compelled to hold that
it cannot consider the merits. See Award Nos. 131, 299, 310,
311 and 226.
AWARD
The answer to each of the questions presented is in the nega-
tive.
Dated: Washington, D. C.
June 7, 1973