SPECIAL BOARD OF ADJUSTMENT N0. 605
PARTIES ) Brotherhood of Railway, Airline and Steamship Clerks,
TO ) Freight Handlers, Express and Station Employees
DISPUTE ) and
Gulf, Mobile and Ohio Railroad Company
QUESTIONS
AT ISSUE: (1) Does the Carrier violate Article IV, Section 2,
of the Agreement when it does not take into
consideration the total compensation and total
time paid for during the 12 month base period
in computing the guaranteed compensation due
employee?
(2) Shall the Carrier be required to use the total
compensation and total time paid for during the
12 month base period in computing the guaranteed
compensation due the following named employes?
C. Williams
L. Moore
T. McCreary
Will George
E. C. Lang
Joe Edwards.
OPINION
OF BOARD: It is conceded that the Claimants herein are protected employees
as defined by Article I, Section 1, of the February 7, 1965 National
Agreement. Although they held seniority only on the Mobile
Freight Warehouse Group 3 Seniority District and while not
required to perform work on other seniority districts, the
Carrier permitted them to perform work on other Group 3 seniority districts
when work was not available. Of course, when performing work in other
Group 3 seniority districts, they received the proper compensation.
The issue posed herein is whether under Article IV, Section 2,
the Carrier should have included in the computation of "total compensation
and total time paid for during the base period," the earnings paid by the
Carrier to these Claimants on other Group 3 seniority districts.
The pertinent portion of Article IV, Section 2, applicable
herein, provides as follows:
"For purposes of determining whether, or to what extent,
such an employee has been placed in a worse position with
respect to his compensation, his total compensation and
total time paid for during the base period will he separately
divided by twelve."
Award No. 23
Case No. CL-9-SE
_ 2 -
We find nothing in said section which diminishes or modifies
in any manner the application herein of the customary meaning of the
word "total." Total compensation to us, signifies all compensation
and total time paid, which means all time paid for by the Carrier during
the base period. Hence, it is our conclusion that the Organization's
claim should be sustained.
Award
Answer to Questions 1 and 2 is in the affirmative.
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Mur y ti. Rohm ln
Ne trai Member
Dated: Washington, D. C.
January 24, 1969
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