SPECIAL BOARD OF ADJUST_·1E=Ii :;0. GGS
PARTIES ) The Boston Terminal Corporation
TO THE ) and
DISPUTE ) Brotherhood of Maintenance of
WLy
Employes
QUESTION Winether or not Mr. R. M. Wilco:: s~ould
AT ISSUE: have been retained in the se::vice of
the Boston Terminal Corporation aL; a
Carpenter Foreman effective ii:l; 1,
1965 and thereafter.
OPINION On November 27, 1964, 1%r. Wilcox' pco_t:-on as
OF BOARD: Carpenter Foreman was abolished. :i~ e:-:_zcised his
seniority to displace a Carpenter ar.wozked as a
Carpenter subsequently.
Although the discussions on the property involved
a claim for wages due Fir. Wilco.c, the issue sua:nitted to the
Disputes Committee refers solely to his retention in the position of Carpenter Foreman. The Opinion in Award No. 10 states
that "it is the intent of said Section 5 of Article I to maintain a work force of protected employees and not positions."
There is no doubt that the Agreement of February 7, 1965, did
not intend to mandate the retention of positions, but was
designed to guarantee compensation to protected employees.
Article VII, Section 3, of the Agreement requires
the Committee to "confine itself strictly to decision. as to
the clue stions...specifically submitted to it." Award No. S
upheld that explicit provision. Where a specific question is
askec, it must be answered directly. In this case a claim
for compensation is not before the Committee, a.-.d t~e question
m :st be answered in the negative since the Agre,:...:: :~ does not
requ_re Carrier to retain certain positions.
A S·7 A R D
The answer to the Question is "~;c..'
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Dated: PIashington, D. C.
September
Id,
1969