AWARD No. C7~
Case No. ii:i-10-;T

PARTIES ) Chicago, Burlington and Quincy Railroad Company
 TO T'.-iv ) and
 DISPU2'E ) Brotherhood of iiaintenance of Way Employer

 QUSSTION Is Section Laborer Delbert A. Gross.°11,
 AT ISSL~.^·: Lacrosse Division, a protected employe
 under the provisions of the February 7,
 1955 Agreement?
 OPINION LThen Mr. Grosscll was displaced on November 17,
 02 BOARD: 1965, he awed to protect his seniority by filing
 h:i.S r1e:InC and address on For_::r 2740--A. That for.i;i provides that employees wao are laid off must indicate "vr'nether they desire to return to service on any section on Roadraa:>ter's territ.oru· or on the section where laid off." t:r. Gros:;e7_1. indicated the latter..

 As the result of Mr. Grossell's selection, Carrier did not advise him of positions elsewhere on the Roadrnaste-r's territory where he might have exercised his seniority to displace a junior emplcz-ee. Once Mr. Grossell made his selection to restrict his availability to his own section, Carrier was under no obligation to furnish biro with a list of positions held elsewhere by junior employees.

 Article II, Section. 1, of the February 7, 1965, Agreement provides that "an employee 'sha11 cease to be a protected employee in case of his... failure to ...obtain a position available to him in the exercise of his seniority rights." Mr. Grossell specifically indicated the desire to exercise his rights only on his own section. Employees may retain their seniority by filing the form in the manner in which P'.r. Grossel.l did. But they do not meet the requirement of Article II, Section 1, for retention of protected status if they fail to obtain an available position because they restricted the area in which their seniority rights will be exercised.

 The letter from the Assistant Superintendent dated November 26, 1965, indicating that ..L. Grossell had until December 3 to place himself was obviously an error. In any event, it was not received until November 29 after the expiration of the ten-day period.


                      A L9 A R D


            The Answer to the Question is "ITO."


                        Milton Frieaman


                        NI

                        eutral %Iember


Dated: Washington, DC.
 June 10, 1969