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SPECIAL EOARD OF ADJUST:-NT N0. 605

PARTIES) Brotherhood of hfaintenance of Way Employees

TO ) and

DISPUTE) The Chesapeake and Ohio Railway Company

QUESTION Did Ervin Van lIoose qualify as a protected e;nploy:: under Article

AT ISSUE: I of the February 7, 1965, Agrooment, and if so, :;hat are his pro

tective conditions under the February 7, 1965, A.,_reement?

OPINION The evidence of record indicates that Claimant Ervin Van Hesse

OF BOARD: filed this case Ex Parte with the Third Division, :iational

Railroad Adjustr.:ent Board. The Carrier rcspo nd-_a thareto and

also filed the case Ex Parte with the Disputes Co:--iittce created

pursuant to Article VII of the February 7, 1965 ::_diatien Agree

ment, to decide any dispute involving the interpretation or

application of any of the terns of the February 7, 1965 Mediation

Agreement not settled on the property. Application of the

February 7, 1965 Mediation Agreement is here involv;:d. Tae

Committee therefore assumes jurisdiction.

The evidence further discloses that during year 1964, C1ain:ant,

who has been in the employment of the Carrier since 1941, held

(and still holds) seniority in the Machine Operator Classification

and in the track laborer classification; that although he was on

leave of absence part of the year 1964 he re turned on September 8,

and went to work on a position in the Machine Operator Class

which he still held and worked on October 1, 1964; and that he

performed service in the Machine Operator Class forty days during

1964.

_ On the basis of the particular facts and circumstances.in this
. case, the Committee decides that Claimant will be guaranteed the

compensation of the Machine Operator Classification for forty

days each year, the remainder of his guaranteed co:.-..pensation

being at the rate of the track laborer classification. See

Interpretation November 24, 1964, Question and Answer No. 3,

Article IV, Section 1.

AWARD

As indicated in the opinion.

CARRIER MEMBERS ET!PLOYEE ?E:KfERS

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Washington, D. C. - September 11, 1969