1225 CONNECTICUT AVENUE, N.W, WASHING TON, D.C. 2003F/AREA CODE: 202-659-9320
WILLIAM 11. DEVI',S1.Y, Ctiairn,an II. E. GREER, Vice Chairman ROGERT BROV.R;;, Vice Chairmen
 W. 1.. BURNER, Jr., Director of Revaau, .1. F. GRIFFIN, Director of Labor Relations
 D. 1'. LEE, General Couoml T. F. STR UNCK, Adnrini.:bni,o of Disputes Commiams

Mr. Milton Friedman
 850 Seventh Avenue,
 New York, Net: York 10019

 Dr. Murray M. Rohr:..^.n
 Professor of Industrial Relations
 Texas Christian University
 Fort Worth, Texas 76129 \,

 Mr. Nicholas U. Zumas
 1990 M Street, N. W.
 Washington, D. C. 20036

 Gentlemen:

 This will su;plenent our previous letters with which we forwarded to you copies of Awards of Special Board of Adjustment No. 605 established by Article VII of the February 7, 1965 Agreement.

 There are attached copies of Award Nos. 376, 377 and Interpretation of Award No. 288, dat d March 22, 1974 rendered by Special Board of Adjustment No. 605.

    cc. Chairman, Employees National Conference Committee (10) Messrs. C. L. Dennis (2) S. G. Bishop E. J. Meal C. J. Chamberlain (2) M. 1;. Frye (2) W. W. Altus 4d-C. Crony (2) J.

          Rcrt; (2)

          R. U. so0h (2)

          R. h. Quinn, Jr, (3)

          W. P. liukcr

          T. F. >u.ucl<

' N
 Grand Lodge Headquarters C. J. CHAMBERLAI
 President

-Brotherhood of Railroad Signalmen


                                      April 23, 1974

    601 w. Golf Road SBA-2594-CRRofN.J. Telephone

Mount Prospect, Illinois 60056 312-439-3732
 Mr. William G. Mahoney, Attorney 3 ')
                                              3~

      Hi ghsaw and Mahoney

      Suite 506 -

      1015 Eighteenth Street, N. W. S 03 A - (~ o SWashington, D. C. 20036 SC -3s-E


      Re: SBA-605 Case No. SG-35-E

      (2-7-65 Agreement)

      Dear Mr. Mahoney:


          This has reference to our claim that arose on the Central Railroad Company of

      · New Jersey after carrier furloughed employes who were protected under the February 7. 1965 Agreement, concurrent with the cessation of its operations in the State of Pennsylvania on March 31, 1972.


      Under date of March 22, 1974, the Dispute Committee established pursuant to the February 7, 1965 Agreement (Special Board of Adjustment No. 605), issued Award No. 377, remanding this case to the parties so that they may obtain a ruling from the Interstate Commerce Commission. Copy of that award is enclosed herewith.


      Award No. 377 is consistent with the decision of Referee Rohmann in Award Nos. 374 and 375, which involved similar claims filed by the Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, and Station Employes.


      As you explained in your telephone conversation with Vice President Frye of this office on April 22, 1974, you submitted a brief to the ICC on behalf of BRAC in connection with Award Nos. 374 and 375, and could supplement it to include Award No. 377.


      On the basis of my understanding that BRAC has no objection to the inclusion of Award No. 377 in your presentation to the ICC, you may consider this letter as authority for you to proceed on that basis on behalf of this Organi-7ation, wit!: the cost of your services to be shared by BRAC and the BofRS.


      If you desire additional information or documents from our files, please let us know.


                                  Very truly yours,


      President Encl.

      cc: Mr. C. L. Dennis, President BRAC'

        Mr. J. W. Walsh, V. P. BofRS

        Ar. H. C. Crotty, President BofM of WE

        Mr. R. W. Smith, V.P. - H&RE


a
                                    AWARD NO.-37Z

                                    Case No. CL-62-E

                                    (TCU-48-E)


            SPECIAL BOARD OF ADJUSTMENT NO. 605


PARTIES ) The Lehigh Valley Railroad Company
 TO TIC ) and
 DISPUTE ) Transportation-Communication Division, BRAC

 QUESTIONS
 AT ISSUE: 1. Did the carrier violate the Agreement
 when, on August 6, 1971, it unilaterally
 suspended and terminated the protected
 status (including monthly guarantees) of
 Messrs. G. Opert, W. A. Collins and J. T.
 Yezulinas without proper notice or founda
 tion?
 2. Shall the Carrier now be required to
 restore the protected status of the
 above-named employees, including monthly
 guarantees, and to make them whole for
 any loss of work or pay for which they
 would otherwise have enjoyed from the
 time they were affected?
 3. This is a continuing claim for named
 claimants and any others who are
 similarly affected, either directly
 or indirectly.

 OPINION
 OF BOARD: Carrier notified Claimants on August 6, 1971 that,
 pursuant to Article I, Section 3, of the February 7
 Agreement, "due to the anticipated decline in business
 of this Carrier, your status as a protected employee is suspended
 and terminated." -laimants were working from the extra board and
 continued to do so thereafter.

 Award 321 of this Committee has disposed of the question of depriving extra employees of their.- protected status. Further, as the Organization pointed out, '--'ection 3 deals with :-eductions in force and does not allow merely suspenF7,on of
                                    AWARD No. -X76

                                    Case No. CL-62-E (TCU-48-E)


protected status or its termination. Protection is automatic unless a specifically identified occurrence interrupts it or terminates it. Since there was no such occurrence, Claimants were entitled to file a claim for a continuing loss of benefits.

 This Award is applicable only to the Claimants named in Question No. 1, the organization acknowledging that reference to "any others" in Question No. 3 is not properly before the Committee.

                        AWARD


          The Answer to Questions No. 1 and No. 2 is Yes.


                        iton Friedman

                        Neutral Member


Dated: Washington, D. C.
        March 22, 1974


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