M TTC-a Brotherhood of Maintenance of Way Employes
 To P.lAh'LITry
 sand
 Atchison, Topeka & Santa Fe Railway Company -
 OTnTEf_ICUT "1. That the Carrier-= decision on June 18, -19844
 Clh _ CL;I1,1; to disqualify and demote Extra Gang Foreman,

              Mfr. G. r",. Reyes from the position of Extra Ganq Foreman was improper and in violation of Rule 8, Paragraph (c) of the Brotherhood of Maintenance of Way Agreement.


              M. The Carrier will now be required to restore Claimant.' seniority r.idhts in the class of Foreman to the oriqinal date of July ^h, 1978, .and that he be compensated the differential

              in the rate of pay between that of what he --

              received and he would have. received had he not

              been improperly disqualified. "


FJNDQG : -
 Upon the whole record, after- hearino, the Board finds that the partio=:: herein are Carrier and Employees within the meaning - of -Lhe Railway Labor Act, as emended_ and that. this Board is duly constituted under Public Law 89-45b and has jurisdiction of the - parties and the subject. matter.

 Claimant hired by Carrier on July 18, 1977, was promoted to Track
 Foreman air°, July 2'4, 1978. By letter doted June iot, 1989,
 Claimant was notified by Carrier of his disqualification as a -
 ~P-" y-ls7

 f=oraman .in accordance with the terms of Rule c:3 (c). Subsequently on Aunu~t 24, 1.984 the Organization wrote a letter to Carrier requesting an investigation with respocL to the disqualification, The investigation was scheduled for September 14, 1984 to

 determine Claimant's inab'ilit'y alleged by handle and discharge the duties of Foreman.

 Carrier to properly

 The hoarino was postponed to September 2'1, 19£34, and :t Claimant's request, it was then cancelled. On November lv·, 1985, the Orcianization filed a claim for reinstatement of the Claimant to his former position of Track Foreman, which is the genesis of the claim herein.

 As a threshol
 timeliness of

 approximately 3c_ which was well

 provided for

 hand maintc.ins

 therpfore, the

 conte"tions of the

 hie:·r c:· i r i b3:_ e·f1

 was

 was not
 U Pon a

 dzsqoal i f xcation

 d question, Carrier raises the issue of the
 the claim, contending that the claim was presented

 r9 days

 beyond

 r in Rule

 that the claim

 L1R1e limit issue

 ie

 Petitioner, timely filed.

 specific -pct namely June

since the notification ni disqualification


d the <SC7 days from date of recurrence which

 le

 14 (a) (f). Petitioner on the other

 herein is a cont:xm.c.infi one and

 e is not relevant.. Contrary to the

the Board concludes that the claim

It is apparent that the claim was

which c·r_r-_c.crad on the dates af

18, 1984. It is well eUaGlm>hocl

                                          ~7y-157


t-h;:v 1·Vtsll tl,OUrnl~ A claim is not a continuous one, a continuing
 Ia.~sbi.lstv rrii.nf,t ros.ult, but this does not, prr se create a
 con tanur.no cla.Irn. In this instanccr, it i·.s appar"oat: that thr
 .rcLicn ccirra:rlained of ways the disqucrli'Fication which Ljy nc, means
 C6n arc considered to havo been a continuing r_1 airrr but a rspeci.fic
 "rct. Many awards in the industry have concludod that claims: such
 as this may not br, considered corrtinuinci ones. See, for ex;amhlp,
 -fhzrd I).Ivi~_.ion N.fR.(l.hr. lirr"rd IWo. 1.·!4:io which hrL·ld .in pur'tarionL
 pc.,tr-t as follows.

            "Recent Awt,rdi; of this Bnard consistently

            have hold that the essvn'Lial disLLi.nct.ion _

            hr,~·t'.wcr_rr a cantinuir,n claim zinc] ; noncont..i.nt.iinr_t

            claim is-, whel:hcr the alleged violation art

            di>pUrtcr is rr.;peated c·n more than one occasion.

            or- is a separate anti definitive action which

            rICLurs on a par tiCl.rlar date.-"

                                                      -


~or Hit, rvcLonc, i.ndicatpu, Lhe claim herein wa> not i'_imely filed
 ',r',d mue.t her dismissed.

 o'n t·1 o1F~: f)

            Claim dismissed.


            l.l?. Lietc?rmaar_ Neutral Member-

____._r _ .

!~. I=. ruo=it, C~love i·i_·mt~er G.M. Garmon. !:arr-i._, I·iwj;hcr·.
 February 11,1988
 Chicago, Illinois