SPECIAL BOARD OF ADJUSTMENT N0. 605
 
PARTIES ) Hotel and Restaurant Employees and Bartenders International Union
TO )  and
DISPUTE ) Chicago, Rock Island and Pacific Railroad Company
QUESTION
AT ISSUE: The question at issue is where a protected employee is unavailable
 
for service within the meaning of the Agreement, can a Carrier,
 
pursuant to Article IV, Section 2, deduct from the employee's
 
guaranteed compensation an amount in excess of the actual time
 
lost because of his unavailability?
OPINION
OF BOARD: Claimant, a protected employe, was employed as a waiter. His guaranteed
 
monthly compensation is $486.71. On March 7, 1966, he advised Carrier
 
that he would not be available to work for a brief period due to a death
 
in the family. On March 12, 1966, Claimant called Carrier and advised
 
of his availability.
 
Because of his unavailability Claimant missed a call to be assigned as a
 
waiter on Train No. 3 out of Chicago. Carrier deducted $162.16 from
 
Claimant's monthly compensation contending that this was the amount he
 
would have earned had he been available for service. The OrgsnIzation
 
asserts that under the provisions of Article IV, Section 2 it is not the
 
compensation that could have been earned but rather the period of time
 
(in this case, four days) that should be used in computing the deduction.
 
The pertinent parts of Article IV, Section 2 read:
   
"If his compensation in his current employment is
  
less . . . than his average base period compensation . . .
  
he shall be paid the difference less compensation for any
  
time lost on account of voluntary absences to the extent
  
he is not available for service 
equivalent to his average
  
time paid for during the base period, . . ." (Underscoring
  
added.)
 
It is clear from the foregoing that the amount to be deducted is not based
 
on compensation Claimant would have earned, but rather a deduction (for
 
voluntary absences) "equivalent to his average time paid for." This
 
necessarily is computed on the period of time during which Claimant was
 
not available.
    
AWARD
The answer to the Question at Issue is in the negative.
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Dated: Washington, D.C. / Ni olas H. Zu
July 27, 1972 Neutral Member