_ ~?, QUESTIONS

 SAT ISSUE: (1) Is Elmo Quarles a protected. employe undor the
 provisions of Article I, Section I of the
 February 7, 1905 Alreement?
 (2) Shall. the Carrier be required to compensa to
 Elmo Quarles the wage losses he suf_ret on
                and after T'al.'On 7-, 1965 UriC~.,l _. the provisions

                of Article IV, Section 2 of the February 7, ,

                1965 AgrcemnM


OPINION
 OF BOARD: The issue presented herein raises the intriguing question as
 to when dons au e:.:p_oyr.:ent relation begin with a Carrier? 11-1
 1961, the Claimant was furlouZhod as a Coach Cleaner, a position
 under the scope Or -. the £h0'pOra'ft Organization. On Oato3ar 7,
 1961, he was employed as an Extra Stevedore, a position within the stop- of the
 Brotherhood. In addition, he also performed extra work as Coach Cleaner and
 Mail and Baggage Porter - - the latter position also within the scope of this
 Brotherhood. A review of the Claimant's work record during the pzriod of 1962
 1964, reveals the following days worked:

                Coach Cleaner stevelore 11 & B Porter

            1962 X50 _


_ 9 Z,
                1963 132 49 6

                1964 IO 98 6

                192 156 10


    The Organization contends that the Claimant had a two year employment relationship with the Carrier under the Clerk's Agreement, The Carrier, in turn, argues that the Claimant did not establish a clerical relationship until Dacer!ser 7, 1965., when he was assigned to a l.__ssenger position. Tae Carrier, however, does concede that the Claimant had an emolcymont relationship as o,. October 1, 1962, but it wasp as a Coach Cleaner - - a c;=rift: not pasty to the February 7, 1965 National Agreement. In addition, the Carries argues that the Claimant did not becomes a dues paying member of the Organization herein until August 30, 1967.


      In Award No. 34, CL-28-E, we had occasion to discuss the -smifications of an employment relationship versus seniority. in fact, Question anC': Answer No. 5, under Article I, Section 1, of the November 24, 1965 interpretations,

                                            _,_ ....:C. ..!. J- I. V~..'.v .,5. CIL-


                            2

                                                    JJ


                            _-


si,eci.r:ica 11y dl-lineates tirc terms. It is possible to h~lvc t-t , -oyi .:~:.t:
 relation snip sepnraLe ; nc; «. fro:: ,, senior'ty ..~1.:;t:ic-i.;:~7_i~. .,~ _..u..,.~__<<
 in !ward ho. 34, the following:

            "Sellioriityy, nor:a..'~l.i.y, flo'.d:: fro:; 1:::~ ~,<-,·; ~,_:~ia of. the p,~rtias _.., evi_denced by ti..- co7.lectiv;yj;-.,_ ___-1_ inS contract. Conversely, Lt:e e:n,loy::c_t rol::-ti~,:a~i.p arisos wh:-n an cr~lcyc:e is fi::;;~ hi-ied - ~:::c:t:c:: i:: C bar_ ainin-, unit or encep~:<:d pc sition. Fence; the

            C:itpLOyWn :: rCla.a.OnSi'ii_7 ncud not- be cc, wit",

            senior ity.tt


r i'7:', are 2.160 CO,_`,71f%Zant Othe GaT-iiCrtS c:..~, ,._W aS ..__I:. iOr~.. in Question and l'nsswer No. 9, vllder A7'tici.e 1, SCction 1,`oth,^_ :i(,JC::~e'_ L~4. 1965 In1:E'.rprctc`I:10113y t0 the C7:fCCt tii~·.t ~i:~ployil~nt in 11:;."_C ~a<`:,:1 one Craft ordinarily cannot be counted in dctc-rmini.ng protCcted ....c...,....

 . t , , In this posture, the p..o.7leca l,:ay even be acmt~.;:".c in vi-:w c_ the fact that loss of carnings would be mini.ca, if any. I:c~,artilel.c.ss, tire basic qucstion is whethter the Clail:w nt ucqu-ircd a clerical clai~lcy_:~.. _cir.tionship with tile Carries: in October, 1961, w:::l:: initially he was c:ilploycdr<.., <, Stevedore? In our view, consistent With our A·:·ard \o. 34. tile- em;71oyr~--nt relationship within this Or-allization"s scope sacs astcblish·_,d on C;=ober 7, 1901. T:1, record further indicates that he caori;cd
                          COntin'ued tills relatlosh-ip C'


1963 and 196'~:.'i.'1,--~' i~6~,
              deition, having 93 days with i:. this ~ioaniza_ion'~

r. In a , scope in 19649 it is oar conclusion that the Claimant qualificd a_ a protected employee.

                          A'dP°D


            The answer to questions (1) and (2.) is in the affirmatLive.

                            0/~/

                                ·

                      ;~' - - __

                          ~flxray .4. Rohr: cn`. /Neutral Tytuber


Dated: ?,'ashington, D. C.
      November 17, 1969'