H. C. CROTTY
PRESIDENT B. L. SORAH, JR.






                          GRAND LODGE


                    12080 WOODWARD AVE.. DETROIT. MICHIGAN 48209


                            OFFICE OF


                            PRESIDENT


                                79


                      FILE SBA #605

                      January 20, 1971


        Mr. John J. Berta

        Assistant to President

        704-06 Consumers Building

        220 South State Street

        Chicago, Illinois 60604


        Dear Brother Berta:


                Enclosed are copies of Awards Nos. 231 and


        232 of Special Board of Adjustment No. 605, which were


        signed by Referee Friedman on November 16, 1970.


                With best wishes, I am


                            Sincerely and fraternally


                                    e et'o-5--

                                    President


        Enclosures 2

        CC: Mr. H. G. Harper-w/enclosures 2

        Mr. A. J. Cunningham-W/enclosures 2

                                              Award No. Z31

                                              Case No. T'CU-12-W


              SPECIAL, BOARD OF ADJUSTMENT NO. 605


PARTIES ) Transportation-Communication Division
TO ) Brotherhood of Railway, Airline and Steamship Clerks
DISPUTE ) Freight Handlers, Express and Station Employes
and
Texas-Mexican Railway Company
QUESTION E. N. Rivas, who has a seniority date of April 24, 1934, in
AT ISSUE: the telegrapher craft, was displaced from his regular assign
ment on August 24, 1.964. Account no work available to him in
the telegrapher craft he was granted leave of absence September
24, 1964 to December 22, 1964, from the craft, for the purpose
of performing work in other crafts. Mr. Rivas performed ser
vice in other crafts October 1, 1964 through January 9, 1965,
retaining his seniority in the telegrapher craft. Mr. Rivas
then was available for service in his craft (telegrapher) and
performed the first work available to him which occurred on
February 15, 1965.
Does E. N. Rivas qualify as a protected employee under Article
I, Section 1 and therefore is entitled to the compensation
guarantee provided in Article IV, Section 2?

OPINION After full consideration of the particular facts in this
OF BOARD: record the Disputes Committee holds that the claimant would
qualify as a protected employe.
Because of the unique facts and circumstances of this docket,
there is no intent to establish a precedent on this or any
other carrier.
AWARD

            The answer to the question is in the affirmative.


.r' Milton Friedman
' Neutral Member
)

DATED: Washington, D. C.
      November /60 1970