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 6 Transfer Railway Company
QUESTION Question No. 2 - Award No. 265, Case No. CL-85-W reads as
AT ISSUE: follows:
2. Shall the Carrier now be required to compensate Jack Klho
at his guaranteed rate of $25.36 per day, plus subsequent
general wage increases, commencing September 11, 1970 and
each work day thereafter, less any compensation received
for such days, if any?
OPINION
OF BOARD: On October 27, 1971, we rendered Award No. 265, a case similar
to Award Nos. 262, 263 and 264. Upon displacement by a senior
employee on March 28, 1970, Claimant was able to continue to
work regularly until September 11, 1970, when he reverted to
the furloughed list. Therefore, Award No. 265, provided as follows, to wit:
Award
"1. The matter is remanded to the
parties for negotiation of a local agreement in accordance with our Opinion.
"2. We shall hold in abeyance the
question whether Claimant is entitled to
any compensation pending conclusion of an
agreement for a substitute formula."
Thereafter, the parties negotiated a local Agreement, however,
upon the failure to resolve the question whether Claimant is entitled to additional compensation, that question was referred 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 his protected rate
less any compensation received during the period between the date of furlough
and the effective date of the substitute formula Agreement -- February 11, 1972.
Award
The answer to the question previously held in abeyance in Award
No. 265, whether Claimant is entitled to additional compensation, is in the
affirmative.
Award No. 351
Case No. CL-85-W
low
-2-
Claimant is entitled to his protected rate less any compensation received during the period between the date of furlough and the effective date of the substitute formula Agreement -- February 11, 1972.
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_ urray M. Rohman
Neutral Member
Dated: Washington, D. C.
April 18, 1973