1. Carrier violated the Agreement at Kansas City, MO, East St. Louis, IL, Venice, IL, and Fairview Heights, IL, on June 24, or 25 or 26, (1992] or all, when it refused to permit TCU Agreement covered Clerical employes to perform service.

2. Carrier shall now compensate all TCU Clerical Agreement covered employes at Kansas City, East St. Louis, Venice and Fairview Heights who were improperly prohibited from working on either June 24, or 25 or 26, 1992, or all, in an amount equal to what such employes would have earned had they not been prohibited by Carrier from performing service.

3. Carrier shall also restore any benefits which would have accrued to Claimants had they not been prohibited from working on the above dates."

Parties to said dispute waived right of appearance at hearing thereon.

In 1988, rail unions which represented approximately 95% of the employees in the railroad industry served Section 6 Notices on the nation's Carriers. These Notices subsequently became subject to national handling. Ultimately, the 1988 Notices proceeded to Presidential Emergency Board Nos. 219, 220, 221 and 222 for resolution. Neither the Carrier nor the Organization was a party to the National negotiations, nor were they joint parties to PEB Nos. 219, 220, 221 or 222. Section 6 Notices served by the International Association of Machinists and Aerospace Workers (IAM) were not resolved by the Presidential Emergency Boards. The IAM was subsequently released by the National Mediation Board and was free to invoke self-help.

At 12:01 A.M. on June 24, 1992, the IAM struck the CSX Corporation. In response, other carriers bargaining nationally with the IAM terminated operations on that day. Among those Carriers were the Santa Fe and the Southern Pacific railroads.

On June 24, 1992, the Carrier issued a bulletin abolishing 17 clerical positions. On June 24 and 25 Carrier's President issued letters to all employes explaining the interruption of operations. On June 26 all parties to the dispute were required by Public Law 102-306 to resume the status quo as it existed prior to 12:01 A.M., June 24. Employees of the participant Carriers who lost time as a result of the lockout were made whole under the legislation. The dispute before this Board is based on whether the Carrier complied with Rules 5 and 22 of the Agreement when it abolished Clerical positions on June 24.

Careful review of the entire record before the Board indicates that Carrier's letter to its laid-off employees clearly explained in detail why, as a result of the lockout on other Carriers, business on the Gateway Western Railway declined markedly during the period at issue. Accordingly, the Board finds that Carrier fully complied with the provisions of the Agreement, particularly Rule 22 (d).

AWARD