SPECIAL BOARD OF ADJUSTMENT N0. 605
PARTIES ) J. 
E. 
Kelly (Individual)
TO )  and
DISPUTE ) Western Maryland Railway Company
QUESTIONS
AT ISSUE: (1) Did the Carrier violate the provisions of the
  
February 7, 1965 Agreement, particularly Article I,
  
Section 1, when it failed to return J. E. Kelly to
  
service properly in accordance with normal procedures
  
of the agreement?
  
(2) Shall the Carrier be required to compensate
  
J. 
E. 
Kelly one day's pay on a punitive basis
  
beginning with March 1, 1965 and continuing until
  
such time as he is placed on the position he would
  
have occupied had he been returned to service properly
  
in accordance with normal procedures of existing agree-
ments?,
OPINION
OF BOARD: The Carrier asserts that Claimant Kelly is a protected
 
employee under the February 7th Agreement. He was re
 
called to service pursuant to the provisions of that
Agreement and has been regularly employed and compensated while working
on a position of Mail Clerk at Hagerstown since March 6, 1965. Moreover,
the record contains no probative evidence that Carrier failed to com
pensate him for any benefits that he might otherwise be entitled to under
the February 7, 1965 Agreement.
AWARD
Questions 1 and 2 are answered in the negative.
Murray' M. Rohman
 
Neutral Member
Dated: Washington, D. C.
 
October 22, 1969