SPECIAL BOARD of ADJUSTMENT No.
6o8 .
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
Award No. 18
vs~ Case No. MW-1
THE CINCINNATI, NEW OELFIM AND TEXAS PACIFIC
RAILWAY COMPANY
QUESTIONS AT ISSUE:
(a) Is Extra Gang Laborer J. A. Jones a protected employe
under Article I, Section 1 of the Agreement of April
3,
1965?
(b) Should extra Gang Laborer J. A: Jones be allowed
eight (8) hourst pay for each work day and for each
holiday within the period beginning with February 14,
1966
and. ending with the day he was thereafter restored
to service?
FINDINGS=
The record discloses that Claimant Jones is a protected employee under Article I, Section 1 of the Agreement of April
3, 1965.
The record. does not establish that claimant took the action which y;as
necessary to ensure his entitlement to protected benefits under
this Agreement for the period commencing with his layoff and extending to, but not including, April 18,
1966.
Protected, benefits
therefore are not due him for this period.
But claimant is entitled to eight (8) hours pay for each work
day during the period beginning April
18, 1966
and extending to his
return to work as of May 11,
1966,
because of Carriers failure
to post the required bulletin establishing a rail gang effective
April
18, 1966
on claimants seniority district. Claimants seniority was sufficient to entitle him to a position in this gang
which Carrier activated on the above-indicated. date.
I
tE~
00 .00
A W A R D
The award is as stated in the above FINDINGS. .
CTrloyd
H;~miler,
Neutral Member
ti
J J Beta, Employee Member M. G. Stevens, Carrier Member
d.
Je' Cunnin
gham Employee Member _J L. Ferrell, Carrier Member
Dated: June
24, 7.968
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