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G. E, L ei-,hty a Chairman
Railway Labor Building · Suite E04
SGO First Street, N.W. · Washington, D. C. 20001
Code 202 RE 7-1541

Mr. C. L. Dennis
Mr. li. C. Crotty<-
Mr. A. R. Lawry
Mr. C. J. Chamberlain
Mr. R. W. Smith

Dear Sirs and Brothers:

Jo n J. f,:cN~;ne;o o ireacurer
Fifth Flcor, VFt/ Baiifdin,
200 t.7arjland Ave., fJ,E. · 1'JashinZtcn, D. C, 20002
Code 2CfG 547-7540

January 12, 1970

Subject: Disputes Committee No. 605
Awards 178 - 179 and 180
Award No. 186 (Signalmen Case)

I am enclosing herewith Awards No. 7.78, 179 and 180 signed by Referee -'/.umas on January 7, 1970. While we are not pleased with these Awards we do not believe it would serve any good purpose to write dissents to them.

I am also enclosing a copy of Award No. 186 which is an Award agreed to by the Carrier and Employe Members of the Disputes Committee and is a favorable Award for the Signalmen.

Fraternally yours.

It.

Chairman
Five Cooperating ~ailway~f.abor Organizations

cc: Mr. L. P. Schoene
Mr. F. T. Lynch

GEL:bk

SPLCIAL BOARD OF <".D.US^_;~7 P?,'- ?ai. 615

PA"TIES ) Brotherhood of Railwcy; %irl i-ne and
TO ) Freight lIandlers, Express and Station -'_.ploycs
DISPUTE: ) and
Illinois Central Railroad Colcpany
QUESTIONS
AT ISSUE: 1. Did the Carriar violate the provisions o~H_ .c._= 7,
1965 Agreement, particularly Article I, S:ct_o- _

Article II, Section 1 when on :.,rci: 1, 1965 any ~~,neou°_nt

days it refused to co-:pensaze ....;.sen~;~ Lo:is ...ali_...s, J..,

New Orleans, Louisiana, his protected r`sc o= ;:ay.

2. Shall the Carrier 'Do required to co.--~ensato Lc_i~ :.i11_u..a,

Jr., the normal rate of compensation for t;_e _cyular u.,._~-:ed
position he held or. October 1, 1964, i; addi::icn to a ,
ments to include subsequent general wa-a _~.,.-_escs -rc-:~
14arch 1, 1965 to the date he is compensated in cccor-ance
with the provisions of the February 7, 1905 A-,r-an,:en t.
OPINION
OF BOARD: Claimant is a protected employee pursuant to ..=,.=cle i, Section
1, of the February 7, 1965 National ~grecme.-.t. On Dece-.ber 25,
1964, in the course of his duties as a motor messenl-er, Lie ·:>as
involved in an accident. Following an investi~az:on, ._,. .:zs
thereafter disqualified as an automobile messenger. Inasmuch as Claimant's
seniority is restricted to messengers only, consequently, he was eli-ina_ed
from performing any work in that classification.

In this posture, the Or anization contends that t::-- Carrier violated Article II, Section 1, of the February 7, 1965 1:ational .r.grec:.:onz.

The Carrier, in turn, argues that the instant claim :was progressed on the property on the basis of discipline. ^herefo-re, tile provisions of Article IV, Section 5, hereinafter quoted, is applicable:

"A protected employee shall not be entitled to t:-e benefits of this Article during any period in whicl, 'no fails to work due to disability, discipline, leave of absence, military service, or other absence from 'ne carrier's service, or during any period in c::,ic.: lcoccupies a position not subject to the workinS Ugreer.;ant;

In our view, the instant matter is not properly bcforc us an;:, therefore, is dismissed.

Award :

The answer to Questions (1) and (2) is L; the ne;~,:tive.

Dated: Llashinp,ton, D. C. d- _~C~l' ~.~,;,. X,~' . (~CL (!:._~
December 17, 1969 '?m.'_~y :i;o:ur.m