SPECIAL BOARD OF ADUUSTMENT N0.
279
BROTHERHOOD OF MAINTENANCE OF WAX EMPIAYES
versus
MISSOURI PACIFIC PAILRMD COMPANY
STATEMENT
OF CIAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the effective Agreement by failing to
retain senior B&B Helper J. E. Thomas in the service of the
Carrier in lieu of B&B Helper Marvin Brewer, junior to the
Claimant, in December of
1958.
(2)
The Carrier violated the effective Agreement by failing to
give proper and timely information to Claimant B&B Helper
J. E. Thomas as to the junior employe then in the Carrier's
service over whom he had displacement rights in December
of
1958.
(3)
The Carrier now reimburse B&B Helper J. E. Thomas for the
amount of wages lost between December
2
and December 15,
1958,
because of the above referred to violations of the
Agreement.
FINDINGS: There is a conflict in the evidence as to whether claimant was mis
handled regarding his displacement rights on December
2, 1958,
but in
any event the claim is based upon such alleged mishandling. Since the claim was
not filed until February
3, 1959,
it is barred uriderthe time limit provisions of
the Agreement of August
21, 1954.
AWARD: Claim denied.
SPECIAL BOARD OF ADJUSTMENT N0.
279
(s) Dudley
E.
Whiting
Dudley
E.
Whiting - Chairman
A. J. Cunningham (s) G. W. Johnson (s)
A. J. Cunningham - Employe Member G. W. Johnson-Carrier Member
St. Louis, Missouri
September
7, 1962
File BMWE
39-58