PARTIES ) Forth Worth and Denver Railway Company
 TO TIE] ) and
 DISPUTE: ) Brotherhood of Maintenance of way E<;ployes

 QUESTION
 AT ISSUE: (1) Should the guaranteed co~;:pc:aat_o:.
 of W. W. Y7iseman (Social Security _;o. 455
 24-4386) be calculated
 (a) under the provisions of Sect--c_: 1
 of Article IV at the section laborer's rate
 or
 (b) under the provisions of Section 2
 of Article IV
 and
 (2) If an affirmative reply is given
 to 1(b) above, should mr. W. t7. tiise:-;a:
 now be made whole for wage loss suffered

since :,:arch 6, 1967 because of the Carrier's

erroneous calculation of his guaranteed
 compensation as per 1(a) above?

 OPINION
 OF BOARD: Article IV, Section 1, concerns the, g::a_-anteed
 compensation of employees who held regularly ass!icned
 positions on October 1, 1964. It provides that they
 "shall not be placed in a worse position with regz,.rd to cc..i
 pensation than the normal rate of compensation for said regularly
 assigned positions on October 1, 1964."

 It appears that Claimant, who in prior years variously held positions as Section Foreman, Section Laborer, and Assistant Section Foreman, exercised seniority on January 13, 1964, to obtain a Section Laborer's position. Although
                                Case No. .·.^,;-35-~1


all but 21 days in 1964 were wor'4ced by him relieving ~ect_on Foremen, the position held was that of Section Laborer. On this property there is no position of "Relief Section Foreman."

 Article IV, Section 2, is applicable only to employees who did not hold a regularly assigned posit-ion. However, where an employee did hold a regularly assigned position on October 1, 1964, the various positions at which he may have wor:ced and the various rates of pay wnicn he -aa`_r have earned during the year are not relevant. The a;reement does not permit calculating average compensation where Article IV, Section 1, is applicable, as it is in Claimant's case.

                        A W A R D


            The guaranteed compensation of o7. W. Wiseman (Social Security No. 455-244386) shall be calculated under the provisions of Section 1, of Article IV at the section laborer's rate.


                        Milton Friedman, Neutral .Member


Dated: Washington, D. C.
        September 10, 1969


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