SPECIAL BOARD OF ADJUSTMENT N0. 605
PARTIES ) Atchison, Topeka and Santa Fe Railway
TO THE ) and
DISPUTE ) Transportation - Communication Employees Union
QUESTIONS
AT ISSUE: 1. What is the effective date of the Agreement dated
February 7, 1965?
2. Does an employee (extra or regularly assigned) who
retains or obtains (by bidding or displacing) a
regular position when such is available to him after
Decumoer 24, 1965, retain protected status under the
tar; of Article II, even though such employe may
not have done so prior to December 24, 1965?
3. Does the abolishment of positions, made possible
through the discontinuance of certain trains, and/
or reduction of business at certain stations, con
stitute operational or organizational changes within
the meaning of Article III?
OPINION
OF BOARD: The Board concludes, that, because of the unique facts
and circumstances of this docket and without establishing a precedent on this
or any other carrier that the Questions at Issue in this dispute are disposed
of in the following manner:
With respect to Question No. 2, all claims for compensation
nLould be denied, but because of the unique circumstances the Board concludes
that the protected status under the February 7, 1965 Agreement should be restored as of the date of this award to claimant B. N. Howard, the only claimant
currently employed by the carrier, without any retroactive compensation.
AWARD N0. 332
-2- Case No. TCU-44-W
As a result of the disposition of Question No. 2 the
Board concludes that it is unnecessary to Answer Questions Nos. 1 and 3.
AWARD
The case is disposed of as per Opinion of the Board.
. t
t , t
Dated:
~`le-~.Xe·, /y, If ;7Z
Washington, D. C.