Award No. 195
Case No. CL-67-W

- SPECIAL D0.10) pi' ED't)STHONT NO. 605
PARTIES ) Broth ':ood of Railway, Airline and Steamship Clerks,
TO ) Freight Handlers, Express & Station Employes
DISPuTTc ) and
Kant;as City Terminal Railway Company
QUESTIONS
AT ISSUE: (1) Did the Carri^r violate the provisions of the February 7,
1965 Agreement, particularly Article I, Section 1, when it
refused to reconize Claimant H. L. Baker as a protected em
ployee?
(2) If the answer to (1) is in the affirmative, did the
Carrier violate the provisions of Article IV, Section 1,
when it failed to compc~"isate Claimant in accordance there
with?
(3) Shall the Carrier now be required to restore the protected
status to Cl~.imant and compensrte him for the difference between
his prote.ted rate of General Foreman and that of position(s)
held subs., uent to Junes 1, 1967, as provided in Article IV,
Section 1, of the February 7, 1965 Agreement?

OPINION
OF BOARD: Effective June 1, 1967,. Claimant was disqualified and relieved
from his positic as General Foreman, an excepted position.
Pursuant to Rule 13, h,: exercised his seniority to the: position
of Assir'snr; Foreman in the Mail and Baggage Department. It is
the organization's conten,ion that pursuant to Article IV, Section 1, of the
February 7, 1965 National Agreeri::nt, Claimant is enti ed to be compensated the
difference in pay between the rate of the General For~:."an's position and Assistant
Foreman. Thus, the issue presented is whether or not the po:.ition of General Fore
man was subject to tile protective provisions of the Fehruary 7, 1965 Agreement.
The Carrier concedes that token Claimant exercised his seniority rights under Rule
13, "he then became subject to the protection of the February 7, 1965 Agreement
at the rate of the position to which he exercised his seniority." Therefore, "his
protected rate became the rate of the Assistant Forer:,n position he displaced on."

In view of our an ly.·.is in Award No. 36, we are in accord with the Carrier's contenti,n as to the effect of Article IV, Section 1, as well as the Letter of Understanding executed on February 7, 1965.







Burr- M. Rohman Neu ral Member Dated: Washington, D. C. January 19, 1970