SPECIAL BOARD OF ADJUSTMENT N0. 605
PARTIES ) St. Louis-San Francisco Railway Company
TO THE
) and
DISPUTE ) Transportation - Communication Employees Union
QUESTIONS
AT ISSUE: 1. 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
December 24, 1965, retain protected status under the
terms of Article II, even though such employee may
not have done so prior to December 24, 1965?
2. With respect to Article II, Section 1, as example:
One position is advertised as vacant. There are
three protected employees none of whom apply for the
position and same is awarded to a junior employee.
Does any employee lose his protected status? If so,
which one?
Then, for instance, in the same circumstances, the
second senior extra employee applies for and is
awarded the advertised position. Does any employee
lose his protected status? If so, which one?
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 precedent
on this or any other carrier, that the claims should be denied except that claimants
h. Sewell, E. C. Burden, H. J. Hooker, C. Moenning, C. E. McQuay, F.
E.
Ryan, R. R.
Clark, D. R. S-1ith, and D. G. Matlock, the only remaining claimants currently em
ployed 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 0. L. Dement and G. M. Shanks who are no longer in the service of the
carrier are denied. Because of this disposition there is no reason to consider any
other issue raised by the parties. It is not intended to express any opinion con
cerning the rights of claimants under any local agreements providing protective
benefits to employees.
AWARD N0. 333
Case No. TCU-48-W
AWARD
The case is disposed of as per Opinion of the Board.
Dated: /~«/ c,., ~er
r Ilf 72
Washington, D. C.