, ~'_=:;'3 ) Poutht?~ ] Torminal 12ailrca~ Company
 :al `.n: ~i~ ) and
 O':v~L.~) Tronspr~rtation-Cor~unica=ion Employees Union

 QUESTION
 AT ISSUE: With respect to Article I, Section 1,
 is an employee a protected employee who
 completed the filing of all the required
 forms for employment application, passed
 ' all the required examinations, and was
 accepted for employment by the Carrier
 on or before October 1, 1962?
 OPINION
 OF BOARD: The issue in this case is whether an employment
 relationship commences when one completes his appli
 cation form and is fingerprinted or when he actually
 goes to work for Carrier.

 On October 1, 1962, Claimant had. not yet begun actual work. He had applied for employment on September 26, and was examined by the company's physicians and approved on that date, subject to reading of his X-rays. The X-rays were approved the following day. on September 28, he wrote to his then employer resigning effective 11:59 P.M. September 30, 1962. He completed his application for employment and was fingerprinted on October 1, 1962. He first performed service for Carrier on October 4, 1962, acquiring a seniority date of October 4. Section 1 of the February 7, 1965, Agreement provides that to be a protected employee one must have two or more years of employment relationship as of October 1, 1964.

 On October 1, 1962, neither employee nor Carrier had any obligation to one another. Neither had reason to believe that a relationship had been established beyond that of applicant
                                      Case No. TCU-13-W


and prospective employer. __....: .:.: could have decided not to go to work for Carrier afte:- ,.1:_, ::nd carrier could have decided not to put him to work. C_7-'c. ::iad Claimant nothing at that point. He had not begun to -.rc-::; and was not yet an employee to whom anything was due until ~c;:o~: r 4.

 An employment relkt'ow~:hip is not created by the filing of an application. ::_z:_:.i:rb or not a stronger bond would k,e created by verbal "accwP.:_:~. ·- :i the application io immaterial here, sinch thi o record dc^,; ..-._ .~=;n a1 when Carrier made the final review of tine ccmplet_,d i..°))plication and approved it. That may well have occurred after octobar 1.

 Certainly going on the payroll by performing service denotes the existence of an employment relationship. Whether or not there are other methods of establishing it prior to the start of actual work need not be explored in this case, since an individual's activities in going through the formalities to obtain a position is insufficient to establish that he has commenced the kind of "employment relationship" which the parties contemplated in Article I, Section 1.

 To hold otherwise would raise serious questions, for it is conceivable that people may apply for employment, be interviewed and examined, etc., and not be put to work for substantially long periods of time afterwards, whether or not they continue to be employed elsewhere. In such cases, it must be shown that there is some nexus creating a genuine employment relationship as that term is used in the Agreement. None was shown in this case.

 Consequently, it must be held that Claimant did not establish an employment relationship until October 4, 1962, when he first performed compensated service for Carrier. He therefore lacks the two-year relationship necessary to qualify under the February 7, 1965, Agreement.

                        A W A R D


              The answer to the Question is No.


                          1i


                          Milton Friedman

                          Neutral Member


Dated: wLyd', 1971 Washington, D . C.