PARTIES ) Chicano, P.iilcra.u%ee, St. Paul & Pacific. Railroad Comp:xay
 TO THE ) and.
 DISPUTE Brotherhood of Maintenance of Way Employes

 QUESTIONS (1) Did the Carrier violate the Mediation
 AT ISSUE: Agreement dated February 7, 1965, Article
 2, Section 1, when it failed to return
 machine operator Eugene vT. Murphy to his
 position as a Iiachine operator on the
 Rocky Mountain Division on March 1, 1905
 and
 (2) Should Machine Operator Eugene W.
 Murphy now be compensateQ at his applicable
 rate of pay for each work day lost from
 March 1., 1.965 to March 20, 1_965.

 OPINION Claimant qualified as a protected employee
 OF 130A:!:D: and was furloughed in a force reduction on Janu
 ary £3, 1965. He was not returned to active service
 before march 1, 1965. ??nee he was furloughed, he filed his
 name and address to retain his seniority. Under Rule 9(c),
 he could have exercised his seniority to obtain a position
 within 30 days. The 30-day period expired on February 7, 1965,
 the date of the Agreement.

 Article II, Section 1, provides that "an employee shall cease to be a protected employee in case of his... failure to retain or obtain a position available to him in tire exercise of his seniority rights." On February 7 Claimant was a protected employee and this section was applicable to him as of that date. Not having obtained a position through the exercise of seniority on February 7, which fell within the 30-day period when he could have done so, he thereby lost his protected status.

 Article II, Section 1, does not have retroactive effect (Award No. 63), but it must be applied on February 7, 1965, since that is the date on which the Agreement became operative. This Committee lacks authority to amend the Agreement by deferring the application of a provision beyond the date upon which it became operative.
                                    Cas^ 270. t~I:9-7.3-67


                        A PI A R D


            The answer to Questions 1 and 2 is "T1o e "


                          ~.~;~`7~~t ~~ Milton FriednZn NeLVC.ral tember


Dated: 47ashingLon, D.C.
 June 10, 1969