SPECIAL BOARD OF ADJUSTt^7-NT NO 605


PARTIES ) Brotherhood of Railway, Airline and Steamship Clerks,
 TO ) Freight Handlers, Express and Station Employees
 DISPUTE ) and
 Illinois Terminal Railroad Company

 QUESTIONS
 AT ISSUE: (1) Did the Carrier violate the Implotunting Agree-
 ment of March 5, 1965, particularly that para
 graph reading 'Incumbents on tho nine (9)
 abolished positions mw t^.hw_ nwnantion vc:v or
 have prior rights in bidding on Cho five (S)
 new positions and their seniority ©tcnding in
 Districts 3, 4 and 5 will determine their rights
 in applying for the new pooitions listed above,'
 (Emphasis added) when it refused to pay h"aosro.
 H. W. Schlag and H. H. N.mkepeace separation pay
 which they requested?
 (2) Shall the Carrier now be required to pay Masora.
 Schlag and Makepeaca separation pay in the aunt
 of 360 days times their rate of pay of elm posi
 tion bald on March 31, 19651
 OPINION
 OF BOARD: On March 5, 1965, the parties herein executed an Implement
 ing Agreement which provided that the Carrier would be
 allowed to abolish nine positions and establish five new
 positions to be located in St. Louis. The said Agreement
 also provided that the "(I)ncumbents on the nine abolished
 positions may take separation pay..." In addition, the last sentence of
 the Implementing, Agreement contains the following: "The provisions of
 Article 5 as to election 1s not disturbed by any provision of this agree
 ment." Furthermore, Article V of The National Agreement provides that an
 election must be exercised within seven calendar days.

 In our considered opinion, both the Implementing .lgreement and the February 7, 1965 National Agreement are required to be read together. Thus, the Implementing Agreement grants the covered employee the right to take separation pay. However, such right must be exercised within the seven day period.

 In view of the statement by the parties that the claim of H. W. Schlag has been settled on the property and withdrawn, therefore, the instant analysis is applicable only to the claim of H. H. lrakepeace.
              Award No. 24

              Case No. CL-6-14

              _ 2 _


              Award


Questions No. 1 and No. 2 are answered in the negative.

              MMur y M Ro n

              ur y M. Rohman

              N utral umber


Dated: Washington, D. C.
 January 24, 1969

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