SPECIAL BOARD OF
ADJUCT1LENT ".d0
. 605
PARTIES
) Brotherhood of Railway, Airline and Steamship Clerks, Freight
TO THE
) Handlers, Express and Station Employees
DISPUTE
) and
St. Louis-San Francisco Railway Company
QUESTION
AT ISSUE: (1) Did the Carrier violate the provisions of the
February 7, 1965 Agreement and the Interpretations
thereto dated November 24, 1965 and particularly
Article II, Section 1 and the Interpretation to
Article V thereof when it removed senior extra
list employes Joe Orlando, E. Maus,
E.
L. Williams,
E. E.
Shipp, W. J. Kennedy, J. T. Jones, V. P.
Gerwitz, R. W. Hanks, E. 0. LaRue, J. Gaffney,
Frank Pizza, Max Hoynacki and E. Weber, St. Louis,
Missouri, from the status of protected employes
account of failure to bid on permanent bulletined
positions at Springfield, Missouri, a distance of
some 230 miles?
(2) Shall the Carrier now be required to return employes
named in Item (1) above to the status of protected
employes and be required to raimburse them for any
losses sustained from the respective dates of their
removal from the status of protected employes?
OPINION
OF BOARD: It is the Opinion of the Board that because of the unusual
facts and circumstances involved in this case and without establishing a pre
cedent on this or any other carrier, that the claims should be denied except that
claimants J. Orlando,
E.
Weber, R. W. Hanks and
E. L.
Williams, the only remaining
claimants currently employed by the carrier, should be restored to protected
status under the February 7, 1965 Agreement as of the date of this Award without
any retroactive compensation. The claims of J. Gaffney, F. Pizzo, W. J. Kennedy,
M. Iloynacki, V. P. Gerwitz,
E.
Shipp, E. 0. LaRue, J. T. Jones and
E.
Maus who are
no longer in the service of the carrier are denied. It is not intended to express
any opinion concerning the rights of claimants under any local agreements pro
viding protective benefits to employees.
AWARD
AWARD N0. 331
Case No. CL-47-?d
The case is disposed of as per 0pin^on of the Board.
Dated: //ON«,~cr
/e7f.
/!!7A
Washington, D.