SPECIAL BOARD OF ADJUSTMENT N0. 605
PARTIES ) Brotherhood of Railway, Airline and Steamship Clerks, Freight
TO ) Handlers, Express and Station Employes
DISPUTE) and
Lake Superior Terminal & Transfer Railway Company
QUESTION Question No. 2 - Award no. 263, Case No. CL-83-!4 reads as
AT ISSUE: follows:
2. Shall the Carrier now be required to compensate Robert L.
Nutter for the difference between his protected rate of
Yard Clerk and the rate of the position to which assigned,
plus subsequent general wage increases, commencing March
29, 1970 and each work day thereafter?
OPINION
OF BOARD: On October 27, 1971, we rendered Award No. 263, a companion case
to Award No. 262, except that Claimant's position was abolished
on March 28, 1970, when he thereafter displaced a junior em
ployee at a lower rate of pay. Award
No.
263, provided as follows,
to wit:
Award:
"1. The matter is remanded to the
parties for negotiation of a local agreement in accordance with the Opinion.
"2. We shall hold in abeyance the
question whether Claimant is entitled to
additional compensation pending conclusion
of an agreement for a substitute formula."
Subsequently, the parties executed a local Agreement and upon
failure to resolve the question whether Claimant is entitled to additional compensation, referred that question back to our Board.
In view of our conclusions reached this day in Award
No.
348, it
is our considered judgment that Claimant is entitled to receive the difference
in rates from the period commencing on March 28, 1970, to the effective date of
the substitute formula Agreement -- February 11, 1972.
Award:
The answer to the question previously held in abeyance in Award
No. 263, whether Claimant is entitled to additional compensation, is in the
affirmative.
Award No. 349 ~/
Case No. CL-83-W
-2-
Claimant shall be paid the difference in rates from the period
commencing on March 28, 1970, to the effective date of the substitute formula
Agreement -- February 11, 1972.
urray . hman
/Neutral Member
Dated: Washington, D. C.
April 18, 1973
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