Topeka, Kansas. All covered clerical positions in this Department are governed by Article VII, Section 1 of the 1986 National Clerical Agreement which set special, lower pay rates for service and intermodal positions. On several days, Claimant assisted exempt employees in constructing shelves for the law library and moving books in the law library. While there was a factual dispute as to whether these tasks constitute service work, on most days, Claimant relieved janitors, and thus, he performed custodial duties which is recognized as service-type work.

After December 22, 1989 (and through March 5, 1990), Claimant did not perform any service for the Carrier.

During the months covered by this claim, the Carrier paid Claimant a monthly protected rate lower than $2,981.02 because it deducted subsequent general wage increases applied since November 30, 1985. The Carrier justified the lower protected rate by raising the August 19, 1986 Side Letter to the April 15, 1986 National Agreement.

The Side Letter provides for dual (old and new) protected rates. Under the Side Letter, the protected rates are maintained in tandem but the benefits paid under the old protective agreement rate are applied to employees working on a position subject to Article VII, Section 1. In this particular case, Claimant was never assigned to a position within the ambit of Article VII, Section 1. He may have periodically performed work best described as "service" work, but the work was still extra work for the purposes of Claimant's protection. Thus, Claimant never attained

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