PARTIES ) New York, Susquehanna and Western Railroad Company
 TO THE ) and
 DISPUTE) Brotherhood of Railroad Signalmen

 QUESTION
 AT ISSUE: Claim that Carrier improperly abolished
 the position held by Signalman J. E.
 Whitaker and R. Searneceha effective at
 close of tour of duty October 4, 1968,
 and the Signalman position held by V.
 Brosnan effective at close of tour of
 duty January 16, 1969, and should now
 be required to allow them all compensa
 tion and other benefits due under the
 provisions of the February 7, 1965
 Agreement.
 OPINION
 OF BOARD: In all material respects this issue is identical
 with that decided by Award No. 164. However, a ques
 tion has been raised concerning Carrier's right to
 an offset for other earnings by Claimants, including earnings
 in other departments of the railroad. In that connection
 Award 34 is cited to show that an employment relationship
 entitling employees to benefits of the February 7 Agreement
 can be established by service in non-union areas of Carrier.
 Under those circumstances, it was said, earnings in such work
 should appropriately be deducted from Carrier's liability for
 Claimants' preserved compensation.

 The February 7 Agreement is specific in setting forth Carrier's obligation to protect employees. Carrier must preserve their compensation under this Agreement, not under other agreements tr by virtue of outside work whether on the railroad or ;dsewaare.; Aside from. any question as to the intrinsic soundness of Award 34, there is no basis for extrapolating it to a case like this, governed specifically by Article I, Section 1, of the February 7 Agreement. Had
                                      OK96 N6. SCE-29-E __,


there been any intent to offset, as urged, such an approach would not have been overlooked inadvertently by the drafters of this Agreement.

 Award 18132 of the Third Division upheld the same claims on the ground of timeliness. The Organization asserts it has no intention to seek dual payments. The Third Division's Award sustained payments to Claimants Whitaker and Scarnecohia until March 21, 1969, and to Claimant Brosnan until June 2, 1969, and compensation thereafter is awarded.

                      A W A H 7)


            Claim sustained for the periods subsequent to those specified in Third Division Award 18132.


                        Milton ~riedman

                        Neutral Member


awl ~C

 Dated: January 19, 1971
 New York, New York

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