PARTIES ) Atlantic Coast Line Railroad Company
 TO 'iMr: ) (J° .aboaru CG:u5t Line : ailroad Company)
 DISPUTE and
 Tr :nsportation-Communication Employees Union
 QUESTION
 AT ISL;U2: Are extra and/or furloughed employees
 who failed to obtain regular positions
 available to them in the exercise of
 . their seniority prior to October 1, 1964
 protected employees as of February 7, 19657
 OPINION
 OF BOARD: The basis for Carrier's view that Claimants are not
 protected employees is found on Page 3 of its Submis
 sion which states, in part, as follows:
 It is the Carrier's position that because
 of the refusal of these eighteen employees
 to make themselves available to protect all
 available relief or extra work, prior to the
 effective date of October 1, 1964, (as pro
 vided in the February 7, 1965, Agreement)
 that each of the employees thereby failed
 to attain protection as provided in Article
 I. The result of such refusal means that
 prior to October 1, 1964, there were instances
 in which junior employees were assigned to
 regular positions, while. senior employees,
 who were permitted to "pick and choose"
 their work, remained extra employees.
                                    Case No. TCU-7-SE


Accord~.a-, to the Union, Carrier is seeking to deny ~.-~tc:..-:d status ~::~ cmployees %ano r;et tl:e nocvssary qualifica..zcns on October 1, 1064, 1:.=~oc.~x;a of conditions subsequently
 '.t forth in t'?o < .7':c=c-Gent a:3 grounC.,- Z or losr of P-otection.

 Therc ...= no dispute that Claimants acted consistently ;.rith their --icfl t,, and%Y tbo sche=dule agreement prior to OctobWr 1, 1964, i-fnen they !Limited their place of work. AwcYrda To. 63 and 103 have deal t with this question and have held that the intent of the February 7, 1965, Agreement was not to eeny protected status to extra employees who prior to its effectuation limited their assignments in this way. Consequently, Carrier may not deny them protected status as of the date of the Agreement.

                      A S9 A R D


            The answer to the Question is Yes.


                              MiltoFriedman .c-c-CLLR


                              Neutral Member


Dated: ""-y d'~ `~ 71 Washington, D. C.

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