PARTIES) Hotel and Restaurant Employees and Bartenders
 TO ) International Onion
 DISPUTE:) and
 The New York Central Railroad Company
 QUESTION The question at issue is whether an extra employee,
 AT ISSUE: protected under Article I, Section 1 of the February 7,
 1965 Agreement, can lose his protection because of ab
 sence from Carrier's service in that he was not avail
 able for an extra assignment, or extra assignments.
 OPINION Article II, Section 1 of the Mediation Agreement provides,
 OF BOARD: in pertinent party that "an employee shall cease to be a
 protected employee in case of his ... failure to accept
 employment as provided in this Article". Section 3 of said Article
 declares that when a protected employee is entitled to compensation under
 the Mediation Agreement (as was each of the employees here involved) "he
 rosy be used in accordance with existing seniority rules far ... tamporaz'y
 assignments which do not require the crossing of craft lines." Article h
 Section 1 defines protected extra emplnyeess, in part, as those who are
 expected to respond when called.

 Pursuant to the provisions of Article VII., Section 3 of the Mediation Agreement, this Board must confine its decisions to those specific questions submitted to it. The specific question here presented is couched in general terms. Thus the Boards answer to the question posed mush of necessity, also be given in general terms.

 We finds therefore that where the facts of a particular case establish that an extra protected employee has engaged in a consistent pattern of conduct of refusing to accept calls to perform extra work without proper cause, such employee may lose his protected status under the Mediation Agreement by reason of the application of Section 1 of Article II. This for the reason that we consider an extra employee to be "An employee" as that term is used within the context of the aforesaid Section 1.

                                        Case No. HM-1 B


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                      AS4ARD


Under the conditions stated in the Opinions an extra employee ran lose the protection afforded by Article h Section 1 of the February 7. 1:65 Mediation Agreement.

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Washington, D. C. - December 19, 1967