PARTIES ) Brotherhood of Railway, Airliuc and Steamship Clerks,
TO ) Freight Handlers, Express & Station, Employes
DISPUTE ) and
Chesapeake and Ohio Railway Company (Pere M-:rquctte DistricO
QUESTIONS
AT ISSUE: (1) Did the Carrier violate the provisions of Article IV,
Section 1 of the A;;reement when commencing with June 30,
1968, it failed to properly compensate Mr. Edward PoineL:u,
a "protected employee", under the terms of the February 7,
1965 Stabiliz-ri_on of Employment Agrc-,ment, at the normal
rate of compe· tion of the position held by him on October
1, 1964, plus ;u',>sequent general wage increases.
(2) Shall Carrier be required to con;pensate Mr. Poineau by
the addition of $17.46 a month to his gua·antecd rate of
compensation effective June 30, 1968, in addition to three
and on::-half percent wage increase effective July 1, 1968,
includ-ig general wage increases subsequent to July 1, 1968,
until the violation is corrected.
OPINION
OF BOARD: The pertinent r rtion of Article IV, Section 1, of the February
7, 1965 Nato. ial Agreement, applicable herein, is hereinafter
quoted:
"---provided, however, that in additio; thereto such
comp·n, rtion shall be adjusted to include subsequent general
wage increases."
On April 2, 1968, an Implementing Ab_eement was executed which
provided for the distribution of the CLassificat9.on and Evaluation Fund established
under Article IV of the December 28, 196'1 Natioizal Wage Agreement. The instant
dispute is predicatcti on the failure of the Carrier to pay Claimant the additional
amount of $17.46 n·:r month, arising out of selected increases in the rates of certain
positions. Thus, tlce issue presented is whether distribution made pursuant to the
Classification and Evaluation Fund should be construed as a subsequent general wae-e
increase.

In A~:ard No. 163, we carefully reviewed the identical problem and concluded that incrc_ses granted under the Classification and Evaluation Fund are not to be conside:-ed as subsequent general wage increases, as contemplated by Article IV, Sectiu:t 1.

1-;e would note further that the Classification and Evaluation Fund directs that the fuc,d be allocated among selected positions which are determined to he out-or-lin-. In addition, F;uidelin s were established in order that inequities would be eliminated--both intra-plant and inter-plant. In this context, it would be most inappropriate to ho l: that such payments to selected positions are equivalent to a general wage increase.

                                            Case No. CL-16-SE


We are mindful o'- the fact that the Board in Award No. 147, reached a dif`ere;: result. Nevertheless, we are constrained to adhere to our previous conclusion b;,sed upon an exhaustive and thorough analysis of the concepts and factor:; involved in job deteiziination evaluation.

                        AMID


            The an;.wer to Questions 1 ei,a 2 is in the negative.


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Dated: Washington, D. C.
J. :uary 19, 1970