PARTIES ) Brotherhood of Railway, Airline and Steamship Clrrks, Freight
 TO THE ) Handlers, Express and Station Employees
 DISPUTE j and
 Erie Lackawanna Railway Company
 QUESTIONS
 AT ISSUE: 1. Did H. E. Elberty forfeit his protected status on
 March 18, 1965 by failing to bid for position of
 Crew Caller in view of understanding between the
 National Railway Labor Conference and the Five Co
 operating Railway Labor Organizations that failure
 of an extra employe to exercise his seniority
 rights to obtain an available position occurring
 before November 24, 1965 nor for a period of 30 days
 thereafter, shall not deprive such employe of his
 protected status?
 2. If answer to the above question is "No!" , shall
 Carrier be required to pay compensatory benefits
 due 11. E. Elberty for the month of April, 1965 and
 subsequent months?
 OPINION
 OF BOARD: It is the opinion of the Board that because of the un
 usual facts and circumstances involved in this case and without establishing a
 precedent on this or any other carrier, the claim of the employee involved who
 is not now in active service of the carrier should be denied.
 AWLIRD





                                          ,~Ju


Dated: /L~O:~C...,6r: ~5~, /i7z

      Washington, D.C.