DISPUTES COMMITTEE DECISIONS

FEBRUARY 7, 1965 AGREEMENT

SPECIAL BOARD OF ADJUSTMENT N0. 605





SUBJECT: AWARD NO.:

 Abolishment of Job











































Adversely affected by SKIS/DLW merger - not proved --------- 109
Agreement of 2/7/65 limits schedule agreement rules --------- 129,284,318,
 319,326,354,
 407,417
 Agreement made prior to 2/7/65 Agreement does not nullify
 provisions of the 2/7/65 Agreement establishing
 ' protected rata _______________________________________ 224
 Allegation not denied stands admitted ----------------------- 102,135,430

 Attrition credit - not required to abolish position --------- 10,215

 Availability not restricted by employs ---------------------- 446

 Availability restricted by employs -------------------------- 96,138,162,
 292(D),315,
 456
 Availability sot restricted by illiteracy ------------------- 175
 Blanket claims sot valid ------------------------------------ 64
 Burden of proof sot sustained ------------------------------ 109,169,247
 Carrier cannot unilaterally impose s regular assignment on
 as employs in order to pay lees ---------------------- 382
 Change of Residence
 - Due to organizational change ---------------------- 132,220
 - In employe's seniority district and no tech., etc.,
 change, moving expense not payable ------------ 7,167,198,
 235,266,412,
 471,472
 - May take lower rated job not requiring change ----- 190,256,477
 - Necessary to take higher rated job ---------------- 29,144 (D)
 - No option to take lower rated job and retain
 protection ____________________________________ 144 (D)
 - Not required if employs does not actually
 move __________________________________________ 271,423
 - Not required to preserve protection --------------- 270,423
 - Not required when employs voluntarily bide on
 another job ___________________________________ 110
 - Not required where marginal commute
 (43 miles) ____________________________________ 421,476
Required where work location is more than 30 miles
    from residence ------------------------


Change of work location - not organizational change

 Classification and evaluation fund general wage increase
 (Contra see Award 1, TCV vs. SCL) ----------

      Classification and evaluation fund not general wage increase


Compensation and protection rate reduced when position
 abolished due to decline in business and employs
 given position paying a lower rata ---

 Compensation of extra employee in test period includes all
 compensation paid by Carrier -----------------

 Compensation received working under other agreement not
 offset against protected rate --------

 Consolidation of seniority districts - Organization not
 required to make implementing agreements --

      Coordination


78,107,134, 135,239,271, 290,421,423, 477

 289

 147(D),210, 211,405

 163,196, 361,371

 23

 53,183,184, 234,316

 Carrier required to restore the work to employs
 originally performing it and serve the required
 90 day notice under the WJPA account engaging
 in coordination without implementing
 agreement _____________________________________

 Purchase of portions of Milwaukee Road not a
 coordination __________________________________ 482,483

 Recapture of work by another Carrier not
 considered WJPA coordination ------------------ 390,414,
 420,426

 309

 Coordination Agreement - February 7, 1965 benefits
 apply, ________________________________________________

 Craft Lines

      - Absent language in the 2-7-65 or other agreements between the parties, Carrier permitted to require a protected employs to cross craft lines to obtain a position in order to retain


221,222, 223
          his protected status ----------------------____ 401


      - Crossed when protected MofW Employs used on

      Clerk's job ___________________________________ 176


        Not crossed by transfer of clerk's work to

        telegraphers at same location ----------------- 2,19,204,

        392,393,394


      - Not crossed by proposed implementing

      agreement _____________________________________ 6.252


      - Not crossed when Clerk required to cover

      Caboose supplyman job under F&0 Agreement ----- 294 (D)


      - Not crossed when station closed and tele

      graphers, work transferred to clerk at

      nearby open station --------------------------- 11,276

      - Not crossed when watchman offered trackman -------- 169,240,241


Crossing Signals -arbitrary payments as part of WJPA
 separation allowance --------------------------------- 304
 CTC installation is a technological change ----------------- 2,387
 Decline in Business
 - Alleged without proof does not permit furlough
 protected employs --------------------- 164,201,203,
 234,350,351,
 365
 - Butte. Anac & Pac. ________________________________ 148
 - Carrier can abolish positions in anticipation
 of a decline in business (strike by
 U.S. Steel) ___________________________________ 469
 - Must be accompanied by reduction in force --------- 321,322
 - Recall of employs restores benefits ----------------- 489
      - Restoration of benefits following increase in

      business ______________________________________ 448

      - Terminal Company ---------------------------------- 27,119,202,

      213,215,262,

      263,264,265,

      297,348,349,

      435,487,488,

      495


Dismissed Employe
      - Benefits due after reinstatement ------------------ 108

      - Benefits not due after reinstatement -------------- 259,428


Displaced Employe
      - Bids on position rather than displaces retains


                            4

          protection if assigned with time period for

          exercising seniority ------------------________ 461

Displacement Allowance
    ~, - WJPA ______________________________________________ 187,188,293


Disqualified
      - From specified work classification is not

      entitled to protective allowance -------------- 177,418


      - Inefficiency not entitled to protected rate ------ 26


      - Insufficient fitness and ability retains

          protected rated ------------------------------- 194,205,303,


                                              411,413,437,

                                              466


      - Lack of supervisory ability not entitled to

      higher protected rate ------------------------- 13


      - Physically disabled employs not entitled to

          benefits ______________________________________ 30.159.379

                                              468


      - To work under other contract, protection not

      lost __________________________________________ 136


      - Unable to secure bond ----------------------------- 303


Dovetail of protected with non-protected employee ---------- 67,79

 Effective date of 2/7/65 Agreement on Carrier is
 trusteeship __________________________________________ 25.33.61

 Election Note To Preserve Prior Agreement
      - Terminates agreement ------------------------------ 120,253


      - Terminates benefits ------------------------------- 21


Emergency
      - Deterioration to equipment and subsequent removal

      from service pending repair and resultant

      abolishment of position is not an

      emergency _____________________________________ 422


      - Due to bridge wash out ---------------------------- 454


      - Inclement weather permits shifting signal

          force _________________________________________ 152,419,436


      - Not when river froze but barge traffic continued

      and no showing by Carrier the freeze was more

      severe than past years ------------------------ 463


                            5

      - Partial closing of a plant not included ----------- 123,245


      - Permits abolishment ---------------------__________ 115(D),436,

      454


      - Permits abolishment only on proper notice --------- 200,242,245,

      247

      - Provisions applicable only where jobs

      abolished _____________________________________ 115(D),

      242 (Contra)

      - Strike of another craft -----------------____--____ 178,424

      - Unable to report for work due to flood conditions

      made employes unavailable despite fact that

          Carrier failed to give 16 hours notice -------- 247


Employs on leave of absence as of date eligible for
 protection does not carry forward protected rate
 established under a prior merger agreement ----------- 443
      Employment Relationship


      - When employs is first hired ----------------------- 34,161,228,

      246,250,281,

      381

      - When service first performed within craft --------- 161,228,246,

      250,281


      - When established __________________________________ 250


      - When employs resigns and waives rights to claims

          the Board will dismiss the claim -------------- 474,475,485


      Employment statue


      - Judicially determined ----------------------------- 1


      - Shifted from ATSF to NCL -------------------------- 1


      Evidence


      - Fact alleged and not denied stands admitted ------- 102,135,430


      - Not discussed on property ------------------------- 239,378


      Excepted position not subject to protective

        provisions ________________________________________ 36,195,205,

                                              260,295


Exercise of seniority sot requiring change of
 residence ________________________________________ 190

                            6

Exercise of seniority to obtain position necessary to
      retain protected statue ------------------------------ 96,158,216,

      266,288,290,

      403,413,418,

      461


    i


Extra Board (or Extra List)
- When in effect ____________________________________ 121,125,127
 Extra Employe
 - Entitled to full protected rate unless performing
 unassigned work that is classified as service
 work under April 15, 1986 National Agreement -------- 493
 - Loses protection when he consistently refuses
 calls _________________________________________ 16.126,182,

                                              185,267,305,

                                              455


    - Loss protection where no work remaining for him

    to perform _________________________________________ 494.496


      - Protected if on extra list 10/1/64 ---------------- 121

      - Retsina protection when he failed to respond to

      one call to take a temporary job -------------- 212,314,458


          - Retains protection when he restricts his recall status until such time as he fails to obtain or retain position available to him in the

          exercise of his seniority --------------------- 444,449


Extra Protected Employs
      - Can be required to break-in on days he is not

      called to work in order to qualify for pro

      tective benefits ------------------------------ 452


      - Excepted position not available in the exercise of

      seniority rights ------------------------------ 478


      - Furloughed retains benefits ----------------------- 17,127,444,

                                              449,484


      - Must obtain position available in exercise of

          seniority _____________________________________ 37.288,411,

                                              413,418,444,

                                              446,449,478


      - May decline temporary vacancy --------------------- 212


      - Protection suspended for period of time employs

      refuses to perform relief work on another

      seniority district ----------------------------- 465


                            7

Failed to respond to calls -------------____________________ 126,212,278,

                                              481


Failure to exercise seniority
    i


      - Employs loses protected status -------------------- 94,157,170,

      171,189,447


      - To higher rated job requiring change of

      residence ------------------------__--_________ 144(D),190

      - Not required change of residence ------------------ 256,476

      - Not when displaced employs bids on position and is

      assigned within time period for exercising

      seniority _____________________________________ 461

      - Not when position not available in the exercise of

          seniority rights (excepted position) ---------- 478


Force reduction not made when employs retiree -------------- 180
 Fringe Benefits
 - Denied or dismissed --------------------------_____ 355,356
 Furlough of extra protected employs sot barred by
 2/7/65 Agreement __________________________________-__ 17

 Furloughed Due to Physical Disability
      - Employs not entitled to benefits ------------------ 3


Furloughed Employe
    - Can be required to break-in on days he is not

    called in order to qualify for protective

    benefits ____________________-_________________ 452

    - Does not lose protection when he restricts his

    availability for recall until such time as he

    fails to obtain or retain a position available

    to him in the exercise of his seniority ------- 444,449

    - Entitled to benefits ------------------------------- 164,203,444,

    446,449

    - Illiteracy not a restriction on availability ------ 175

    - Loses protection where he declines

    assignment ____________________________________ 189

    - May be used in preference to senior unprotected

          employe _____________________________-_________50


                            8

    - Must accept temporary assignment in other

    department ____________________________________ 32,465

    - must be returned to active service 3/1/65 --------- 63,127,172

    - Must exercise seniority to obtain position --------- 170,171,413,

    ' 418

    - Must have valid reason to decline work across

    seniority lines ------------------------------- 169,465

    - Must respond to call for extra work --------------- 4,37,126,

    212,294 (D)

    - No obligation to return to active service on

    home seniority district ----------------------- 59

    - Not called - no telephone ------------------------- 292 (D)

    - Not protected if averaged less than 7 days per

    month in 1964 even if he worked 10/1/64 ------- 51(D),

    138(D),313

    - Not protected when he voluntarily restricts

    availability for calls ------------------------ 162

    - 11/30/64 is protected ----------------------------- 14,203


      - On 9/15/64 not protected even if he worked

      10/1/64 ______________________________________138(D)


          - Protective status suspended when all jobs within his seniority district abolished due to closing of department but restored when work

          opportunities restored ------------------------ 435,494,496

      - Qualifies as protected employe -------------------- 28,139,140,

      172,175,444,

      449

      - Returned to active service 3/1/65 ----------------- 99,203

      - Telephone number must be furnished ---------------- 292 (D)


      - To be returned to active service per existing

      agreement _____________________________________ 31


      - When Carrier revoked Notice of Availability for

      missed calls or lay offs, protection restored

      when new Notice of Availability submitted ----- 455,458,460,

      462

      - Worked in 1964 without acquiring seniority not

          protected _____________________________________ 77 (D)


General Wage Increase
      - Does not result from classification and

          evaluation fund ------------------------------- 163,195,361,

                                              371


                            9

      - Results from classification and evaluation fund

          (Contra See Award 1-TCU vs. SCL) -------------- 147(D),210,


                                              211


Guaranteed Compensation
        Computed __________________________________________ 173,450,48:


      - Daily rate guarantees can be compute on a

      monthly basis _________________________________ 450


      - Does not include classification and evaluation

          fund increases -----------------------------___ 163,196,36:


      - Does not include holiday pay ---------------------- 225


      - Does not include housing allowance ---------------- 166


      - Does not include rest day service ----------------- 227


      - Does not include tunnel differential -------------- 94


      - Includes increase due to classification and

      evaluation fund (Contra see Award 1,

      TCU vs. SCL) __________________________________ 147(D),210,

                                              211


      - Is normal rate of regularly assigned position on

      10/1/64 _______________________________________130,207,224

      295,323


      - Lost for failure to bid higher rated job ---------- 256


      - Lost on days employs off sick --------------------- 456


      - Lost where employs voluntarily bids lower rated

          job ___________________________________________ 233,447,457


      - Monthly rate guarantees can be computed on a

      daily basis ___________________________________ 481


      - Overtime not included in rate --------------------- 227,254,280

                                              299


      - Overtime declined may be used as an offset -------- 481


      - Protected employs entitled to protected rate for days

      required to break-in -------------------------- 430,452


          - Protected status suspended when all jobs within his seniority district abolished due to closing of department but restored when work opportunities

          restored -------------------------------------- 435,494,49E


      - Reduced were employs not available ---------------- 183,215,487

      - Restored __________________________________________ 186,446,455

      458,460,46:


      - Restoration of benefits following application of

      decline in business formula and subsequent

      increase in Carrier's business ---------------- 448


                          10

      - Where employs voluntarily bids lower rated

          job ___________________________________________ 22,145.214,


                                              233,447,451


      - Where employs worked different

          classifications ______________________________- 141

    e


Guaranteed rate not loot when former dismissed incumbent
 returned to job ______________________________________ 429
 Guaranteed rate not lost where employs does not take higher
 rated job requiring change of residence -------------- 134,239,270,
 271
 Guaranteed rate not reduced permanently after employs
 performs unassigned work classified as service
 work under April 15. 1986 National Agreement -------------- 493

 Guaranteed rata provided is implementing agreement --------- 197

 Guidelines for implementing agreement on Terminal
      Company _____________________________________________ 155.156,


                                              (213(D),277,

                                              283,297,380,

                                              406


Headquarters and work not synonymous ----------------------- 107

 Health and Welfare Benefits
 - Carrier not required to pay health and welfare
 benefits for months when no service is
 performed (Section 8 of WJPA) ----------------- 217
 Holiday pay not included in normal rate of
 compensation ________________________________________ 225

 Implementing agreement granting separation allowance subject
      to 7 day provision of Article V ---------------------- 24


Implementing Agreement

      - Guidelines for Terminal Company ------------------- 155,156,

                                              213(D),277,

                                              283,297,380,

                                              406


      - May enlarge seniority district or roster ---------- 171,214,215,

      447,451


      - May require transfer of employee beyond Schedule

      Agreement territory --------------------------- 12


                          11

Not applicable to non-protected employee without
 specific inclusion --------------------------__ 151

 Not required for temporary assignment in other
 department ____________________________________ 32

 Not required for temporary assignment within
 craft _____________________________

 Not required to dualize agencies --------

    Not required to transfer clerks' work to telegraphers where permissible before 2/7/65


Not required to transfer work across seniority lines
 if permissible before 2/7/65 ------------------

 Not required to transfer work only whether or not
 permissible before 2/7/65 --------------

    Not required to transfer work without employe


Not required when TCS replaces CTC and new machine
 operated by employee of another craft account
 work not then within scope --------------------

 Not required where Carrier sells portion of
 line __________________________________________

 Not required where change permissible under
 prior agreement -------------------------------

 Obligated to make on Terminal Company -------------

 Organization may not refuse if consistent with
 2/7/65 agreement ______________________________

 Proposed by Carrier on its face complies with
 Article III in that craft lines not
 crossed _____________________________.

 Provides guaranteed rate --------------------

 Required for permanent transfer of employee across
 seniority lines -------------------------

    Required to transfer protected employee to other

    roster ahead of unprotected employee ----------


66(D),
 70(D),142

 286

 2,204,392,
 393,394

 40,43(D),
 124,189,191,
 206,216

 43(D),124,
 189,191,206,
 216,252,276,
 286,404

 _______________________3,43(D).

 124,189,191,
 206,216,252

 442

 472

 42,248,252

 155,156,202,
 213(D),262,

 283,297

 8,129,297
 427,490

 70,142,216,
 417

 78,90
      - Required to transfer protected employes to other

      roster and dovetail with non-protected

      employes ______________________________________ 67,79


        Required where a permanent transfer of employee

          across seniority lines is done ---------------- 216,417

      - Revised by Board __________________________________ 67,79,427


      - Transfer employee where no tech., etc.,

      change ________________________________________ 35


      - Travel expense for temporary assignment not

      payable _______________________________________y0


      - Unambiguous, not changed by Board ----------------- 244


Information
- Individual cases ---------------------------------- 64,65,226,
 311,329,360
 - List of protected employes only ------------------- 64,226,311,
 329,360
 Job Abolishment
 - Due to bridge wash out ---------------------------- 454
 - Due to New York Dock, not Feb 7 ------------ 485
 - Due to sale of portion of line -------------------- 472
 - 6/16/64 not related to ERIE/DLW merger ------------ 18
 - In anticipation of decline in business (U.S. Steel
          Strike) _______________________________________469


      - Is a tech., etc., change -------------------------- 220,301,442

      - Not a tech., etc., change ------------------------- 7,167,235,

      287,300,301,

      370,432,470,

      471,480,494


Jurisdiction
 - Extends to WJPA ----------------------------------- 480
      - Not extended to issues involving Schedule

          Agreement ------------------------------------- 113,199,236,

                                              275,284,318,

                                              399


      - Not where 2/7/65 Agreement amended to provide

      disputes to be handled "in usual manner as

      required by RLA" (claims to NRAH) ------------- 473


                          13

To consider rights of unprotected employee

 To approve decline in business formula ------------

 When employs resigns and waives right to claim, the
 Hoard will dismiss the claim ----------------__
 Where claim filed with NRAH -----------------------

 Where not handled in usual manner

 List of protected employee furnished by Carrier
Lose o£ Protection
      - If extra man consistently refused calls


Lost in a situation where a facility is completely
 shut down since the recall provision cannot
 apply nor does the Feb. 7, 1965, provision
 apply _____________________________________

 Not where employs failed to bid on excepted
 positions __________-__________________________

 Protective statue suspended when all jobs within
 his seniority district abolished due to closing
 of department but restored when work
 opportunities restored ------------------------

    Restored when new Notice of Availability submitted after Carrier revoked same for missed calls and lay offs


    Where employs fails to exercise seniority


Where employs voluntarily restricts area for
 exercise of seniority -------------

    Where employs voluntarily transfers to other

    seniority district ----------------------------


Monthly Rated Position
 - Overtime ------------------
 - Separation allowance computations

 Moving Expenses
Entitled for one move

91,111,112, 114,151

297,469,470

 474,475,485

141,176,199, 247,285

243

 64,65,311

16,126,182, 185,267,305, 455


352,373,408, 409,415,425, 431,435,486, 494,496


478

 435

455,458,460, 462

170,447,451

96,138,157, 162,403


75 (D)

 165,229,481
 492

 238
      - Moving allowance and five days pay not lost when

      agreement forces employee to displace on a

      position requiring a change in residence, even

      if he could later have obtained a position

      without changing residence -------------------- 290

      - Not payable when employe voluntarily bids

          position ______________________________________ 133,270,279


      - Not payable where employe displaced in own seniority

      district and no tech., etc., change

      involved ______________________________________ 7,160,167,

      198,471,472

      - Not payable when no tech., etc., change ----------- 76,160,167,

      370,471,472


      - Not payable when employe moves on his own

      anticipating a bump --------------------------- 279


      - Payable if made within the time provided by the

      WJPA if qualified ----------------------------- 238


      - Payable - organizational change ------------------- 132,135,235,

                                              238,340

      - Time Limit rule of Schedule Agreement apply ------- 150,238


Naming Claimants
 - Must be identifiable ------------------------------ 64
 National Carloadiag Company employee not protected --------- 1
 Net Revenue Ton Miles
 - Terminal Company __________________________________ 27,297
 Normal Rata of Compensation
 - Daily rate guarantees can be computed on a
 monthly basis --------------------------------- 450
 - Does not include allowances payable under
 specified conditions -------------------------- 137,402
 - Does not include classification and evaluation
 fund __________________________________________ 163,196,361

      - Does not include holiday pay ---------------------- 225

      - Does not include housing allowance ---------------- 166

      - Does not include rest day service ----------------- 227

      - Does not include regular assigned overtime -------- 227,254,280,

      299

      - Does not include tunnel differential -------------- 94

      15

      - Includes classification and evaluation fund (Contra

          nee Award 1 TCU vs. SCL) ---------------------- 147(D),210,


                                              211


      - Includes regular overtime -----------------________ 46,47,48,

      227


      - Rate of position assigned 10/1/64 ----------------- 130


      - Excludes payments under other agreements ---------- 105


      - Monthly rate guarantees can be computed on a

      daily basis ________________________________--_ 481


      - Reduced ___________________________________________ 214


Notice of Abolishment in emergency ------------------------- 115,200,242,
 454
 Offset of compensation earned under other agreement -------- 53,183,184,
 316

 Offset of other earnings not allowed ----------------------- 234

 Offset of declined overtime earnings ----------------------- 481
Operational Change
      - Abandonment of heavy repair shop ------------------ 3


Organizational Change
      - Combining seniority districts --------------------- 235


      - Dualization of agencies --------------------------- 286


      - Job abolished and reestablished in same seniority

          district _____________________________________ 132,220,301


      - Station closings ---------------------------------- 220,301


Overtime
      - Carrier may credit overtime compensation worked on

      a position acquired subsequent to Oct. 1, 1964

      against the guarantee or normal rate of compen

      sation, when the position to which the employs

      was regularly assigned, i.e., (star agent) on

      October 1, 1964 did not normally work

      overtime ______________________________________ 229


      - Earnings declined may be offset against

      guarantee _____________________________________ 481


      - Earnings shall not be utilized as an offset against

      the guarantee protective rate ----------------- 397


                          16

      - Included in normal rate of compensation if

      regularly assigned ---------------------------- 46,47,48,

                                              227,254,280,

                                              299,367


      - Not included in normal rate of compensation ------- 227,229,254,

      280,299,481

    _i

    Worked as Carrier requested not included in normal


          rate of compensation -------------------------- 227,254,280,

                                              299


Physical Disability
      - Employs not entitled to benefits if unable to work

          job seniority entitles him to ----------------- 30,45,159,

                                              468


      - To work job of another classification under same

      agreement - protected status not lost --------- 149


      - To work job under another contract protected

          status not lost ------------------------------ 136,484


Position can be assigned to only one employs at
 one time _____________________________________________ 38

 Prior Agreement not preserved ------------------------------ 253

 Procedural Defect
      - Argument not introduced during handling on the

          property ______________________________________ 419,427,468


      - Because it was not appealed to highest designated

      Carrier officer (however, claim also denied on

      merits) _____________________________________ 243


      - Because 2/7/65 Agreement amended to provide disputes

      to be handled "in usual manner as required by

      RLA" (Claims to NRAB) _________________________ 473


      - Remanded to ICC for interpretation of employs

          protective benefits --------------------------- 374,375,377


      - When employs resigns and waives rights to claims,

          the Board will dismiss the claim -------------- 474,475


Protected Employ*
      - Assignment to "make work" job does not nullify

          seniority of senior unprotected employs ------- 91


          - Assignment to perform unassigned "service work" under April 15, 1986 National Agreement does not permanently reduce protected rate --------------- 493


      - Can be required to break-in on days he is not

      called to work in order to qualify for

      protective benefits --------------------------' 452


                          17

- Cannot be furloughed without decline in
 business ______________________________________
                                          164,203


- Carrier cannot remove protected status of all
 protected employee where one location
 (warehouse) on a seniority district is
 closed _______________________________________ 431

      Carrier cannot require employee to work outside of their class or craft and if they refuse take their protection away if language in the

      agreement prohibits same ---------------------- 358-401


- Carrier required to furnish list of protected
 employee but not list of guaranteed compensation
 except in individual cases. Sixty day time
 limit applies, however, Organization must file
 claim and request information, cannot sit back
 and claim Carrier was in error ---------------- 226
 - Displaced from position by reinstated incumbent
 does not lose guarantee ----------------------- 429
 - Displaced voluntarily is protected at rate of
 position held on 10/1/64 ---------------------- 44(D),181,
 194,214
 - Disqualified due to discipline -------------------- 177,259
 - Elected furlough loses protection ----------------- 45,267,363

 - Employs protected under the BRAC Agreement who is
 permitted to work in another craft or class
 (Fire & Oilers) does not have to pay dues under
 the Union Shop Agreement to the F&0 to retain
 his protected status under the BRAG
 Agreement _____________________________________
                                          363


- Employee regular or extra who retain or obtain (by
 bidding or displacing) a regular position when
 such is available to him after Dec. 24, 1965,
 shall retain his protected status under the
 terms of Art. 7I, even though such employs
 may not have done so prior to
      December 24, 1965 ----------------------------- 329-338


- Employee who are employed cannot be denied their
      protective benefits --------------------------- 321,322,368,

                                          376


- Entitled to protected rate without offset of
      earnings as brakeman -------------------------- 53,234,316


- Excepted position not available in the exercise
 of seniority rights --------------------------- 478

 - Furloughed must accept temporary work in other
 department ____________________________________ 32

 - Furloughed must respond to call for
 extra work ____________________________________ 4

 - If on extra list 10/1/64 per agreement or
 practice ______________________________________ 121

                      18

    Loses his protection when he relinquishes his seniority in one department to obtain work


another ________________________

 Loses protection by voluntarily restricting
 availability __________________________________

 Loses protection by voluntarily transferring to
 other seniority district --------------

    Loses protection if seniority not exercised in accordance with rules on or after 2/7/65


    Loses protection for failure to exercise seniority


Loses protection for the month in which he has
 his telephone discontinued, thus making it
 impossible for the Carrier to call him for
 work ________________________________________.

 Loses protection for the period of time refuses to
 respond to extra work in another seniority
 district ____________________________________.

 Loses protection when he voluntarily restricts area
 for exercise of seniority -------------

    Lost in a situation where a facility is completely shut down since the recall provision cannot apply nor does the Feb. 7, 1965, provision apply


May be used on other seniority district within
 craft for temporary assignment ----------------

 May transfer to new work location on exercise
 seniority within seniority district -----------

 Must accept position when recalled ----------------

 Must.be employed by Carrier party to
 Agreement _____________________________________

 Must be recalled after strike ---------------------

 Must be regularly assigned on the first of the
 month after acquiring requisite seniority
 in order to be protected ----------------------

 Must be retained in service -----------------------

    Must exercise seniority to obtain position


_______________381

 75(D),168

 103,168,256,
 327,339,386,
 400

 69,168,256,
 298,307,386,
 400,447,451

 292 (D)

 465

 96,138,162,
 256,266,403

 352,373,408,
 409,415,425,
 431,435,486,
 494,496

 66(D),70(D)

 39,484

 457,459,464

 102,164,203,
 321,322

 39,45,157,
 158,170,171,
 208,209,214,
                                          288,290,298,

                                          339,363,366,

                                          400,413,447,

                                          451,478


- Must exercise seniority to position not requiring
      change of residence --------------------------- 190,307,366,

                                          381,386,421,

                                          423,476


- Must have reason to decline work within craft across
 seniority lines ------------------------------- 169.465

 - Not transferred, paid protected rate - Implementing
 agreement not required ------------------------ 3

 - Not where Implementing Agreement to purchase portion
 of Milwaukee Road did not provide for 2-7-65
 entitlement ___________________________________ 482,483

 - On extra list failed to respond to calls ---------- 16,126,182,
                                          185,267,305


- On temporary assignment gets travel expense only if
 schedule agreement provides ------------------ 97

 - Protected employs entitled to protected rate for
 days required to break-in --------------------- 430,452

 - Protected status suspended when all jobs within
 his seniority district abolished due to closing
 of department but restored when work
 opportunities restored ------------------------ 435

 - Refusing position loses protection ---------------- 39,189,288,
 317,339,366

 - Reinstated after dismissal gets benefits ---------- 108
 - Reinstated after dismissal no benefits ------------ 259,429
 - Restored to list of protected employes ------------ 28,172,175,
 185,444,449,
 455,458,460,
 461,462

      - Seasonal employs is entitled to his guarantee equivalent to his 1964 seasonal employment


      period _______________________________________ 237,439


- status not lost where displaced due to job
 bulletined ____________________________________ 165

 - Statue not lost where displaced employs bids on
 position and is assigned within time period
 for exercising seniority -_____________________ 461

 - Status not lost where right to exercise
 seniority expired before 2/7/65 -----__________ 63,104

 - Suspend protection by voluntarily transferring
 to other craft -_________________-_----____--__ 411

 - Though furloughed 11/30/64 ---_______________---_-_ 14,203

                      20

      - Though furloughed from craft in which initially

      employed outside agreement ---------__------___ 161


      - Transferred to other roster placed ahead of

          unprotected employes ------------___-__________ 78,79,90


    e - When furloughed must have averaged 7 days per month

          in 1964 even if he worked 10/1/64 ------------- 51(D),

                                              138(D)


          - Who makes himself available for positions within his craft and failing to obtain a position either thru lack of sufficient seniority or qualification he then makes himself available for any position. If Carrier should place him on a position outside his craft and not under the Feb. 7, 1965 Agt. he loses his protection only for the time he is working outside the agreement. In other words, he regains his protection when

          he returns to his former craft ---------------- 362-411


Protected Rate
      - Adjusted upward only by general wage

      increase ______________________________________ 68


      - Daily rate guarantees can be computed on a monthly

      basis _________________________________________ 450


      - Does not include excepted positions --------------- 36,195,205,

      260,295

      - Does not include holiday pay ---------------------- 225

      - Does not include housing allowance ---------------- 166

      - Does not include rest day service ----------------- 227

      - Does not include travel expenses ------------------ 54,143


      - Does not include tunnel differential -------------- 94


    - Employee becoming protected while on step-rated

    position does not have protected rate increased

    by subsequent step-rate increases --------------- 493


      - Employee does not lose protection or protected rate

      when he bide on another position with a lower

      rate, when the initiating action was caused by

      Carrier abolishing a position thus causing a

      chain reaction -------------------------------- 208,209


      - Employs does not lose protection when he fails to

      bid on excepted position ---------------------- 478


      - Employs does not lose protection when he fails to

      bid on temporary vacancy ---------------------- 212


      - Establish protected rate for employs returning from

      official position ----------------------------- 433,434


      - Is rate of job regularly assigned 10/1/64 ---------- 68,207,208,

      209,224,295,

      323

      21

Is rate of regular assignment not temporary
 assignment ____________________________________

 Lost where employs bids temporary lower rated
 job __________________________________

    Lost where employs fails to bid higher rate job


Lost where employs takes lower rated job not
 requiring change of residence --------.

    Monthly rate guarantees can be computed on a daily basis


Not changed account claimant had a protected rate
 and he bid on and was awarded another position
 due to disciplining of employs who was later
 reinstated and claimant was required to return
 to his former position, however, the rate on his
 former position was lowered. Award said he must
 retain his former rate although the rate of the
 position was changed -------------------_______

    Not lost if Agreement requires employs to bid in a regular position when it becomes available paying a lower rate


Not lost when employs who cannot obtain a position
 not requiring a change in residence is not
 obligated to seek a position paying the same
 or higher rate than his protected rate when a
 change in residence is required ---------------

 Not lost where employs takes lower rated job not
 requiring change of residence -----------------

 Not lost where employes have option granted by
 Implementing Agreement ------------------------

 Not reduced due to employs being force-assigned to
 lower-rated position -----------------------

 Offset by higher-rated position which did not require
 a change of residence ----------------------

 Offset by overtime earnings declined -----------

    Payment of


Protected employs entitled to protected rate for
 days required to break-in ---------------------

    Protection status suspended when all jobs within his seniority district abolished due to closing of department but restored when work

    opportunities restored ------------------------


68,208,209,
 343

 259

 256,421

 144(D),
 216,233,447,
 451

 323

 288

 320

 29,134,145,
 190,208,209,
 239,256,271,
 302,477

 68,208,209,
 343

 476

 268,269

 430

 435
      - Provided in Implementing Agreement ---------------- 197

      - Restored _________________________________________ 186,446.455,

      460,461,462


    t


      - Status not lost unless stated specifically otherwise;

      none of the 2/7/65 protective provisions are

      lost or nullified by the terms of an implementing

      agreement made to affect the coordination of

      facilities under the WJPA Agreement ----------- 221,222,223

      - Suspended where employs voluntarily transfers to

      other craft ___________________________________ 441

      - Where employs voluntarily takes lower rated

      job ___________________________________________ 193,216,233,


                                              302,447,449


Protected Statue
 - Carrier cannot remove status of all protected
 employes where only one location (warehouse)
 on a seniority district is closed ------------- 431
 - Gained only if regularly assigned on the first of
 the month after acquiring requisite
 seniority _____________________________________ 457,459,464
 - Lost for failure to respond to calls ------------- 16,126,1e2,
 185,267,305
 - Lost where Carrier goes out of railroad
 business ___________________________________ 486
 - Lost where employs bids lower rated job ----------- 233,447,451
 - Not lost if employs holds seniority on two districts
 and gives up seniority in one to obtain a
 regular position in the second district -------- 355,356
 - Not lost when displaced by reinstated former
 incumbent of position ------------------------ 429
 - Not lost where all qualifications met on
 10/1/64 _____________________________________________ 251,272,303
 - Not lost where Carrier fails to comply with
 Schedule Agreement ---------------------------- 4,33,39,
 189,203,446,
 484
 - Not lost where Carrier revoked employe's Notice
 of Availability for missing calls and laying
 off once new Notice of Availability
 submitted ------------------------------------- 455,458,460,
 462
 - Not lost where displaced employs bids on position
 and is assigned within time period for
 exercising seniority -------------------------- 461
 23
      - Not lost where disqualified for insufficient

          fitness and ability ----------------___________ 194,205,303,


                                              411,413,418,

                                              437,484


        Not lost where employs declines extra work away

          from home location -------------______________ 122


      - Not lost where employs fails to bid on excepted

      position _____________________________________ 478


      - Not lost where employs physically disqualified from

      work of other classification ----------------- 149


      - Not lost where employs physically disqualified to

      work job under other contract ----------------- 136


      - Not lost where employs restricts his availability

      for recall until such time as he fails to

      obtain or retain a position in the exercise

      of his seniority ----------------------------_ 444,449


      - Not lost where extra employs declines temporary

      vacancy _______________________________________212


      - Not lost where work across seniority lines


          refused _______________________________________ 169,241,465


      - Suspended when employs refuses work in another

      seniority district ------------------------____ 465


      - Suspended where employee voluntarily transfers to

          other craft ___________________________________ 411


Protection loot for failure to exercise seniority ---------- 69,157,170,
 171,243,298,
 307,366,386,
 447,451
 Protection loot where employs voluntarily transfers
      other seniority district ----------------------------_ 75,168


Protection sot lost whoa displaced by reinstated former
 incumbent ____________________________________________ 429

          - Not lost where employs restricts his availability for recall until such time as he fails to obtain or retain a position available in the

          exercise of his seniority --------------------- 444,449


Protection not loot where displaced employs bide on position
 and is assigned within time period for exercising
 seniority ____________________________________________ 461

 Protection not lost when extra employs furloughed ---------- 17

      Protection not lost when furloughed employs fails to

      get job before 2/7/65 -------------------------------- 63,251


                          24

Protection not lost when furloughed unless work
 refused ______________________________
                                    ____________ 240,411


Protection not loot whoa one location (warehouse) on a
 seniority district is closed ---------------__________ 431

      Protection statue suspended when all jobs within his seniority district abolished due to closing of department but restored when work opportunity

      restored ____________________________________________ 435.494,496


      - Protection suspended where employs voluntarily

          transfers to other craft ---------------------- 411


Recall restriction ----------------------------_____________ 444,449

 Reduction is work force in emergencies -------------------- 115(D),
                                              123,148,200,

                                              242,245,247,

                                              454


Reduction in work force limited to attrition credits ------- 10,215

      - Parties must negotiate an agreement for

          substitute formula --------------------------- 202


Refiliag Claim

      - The refiling of an identical claim between the

      same parties does not revive the claim,

      (see 2nd, 3rd, 4th Division Supporting

      Awards) _______________________________________384


Regularly assigned position sot necessarily bulletined
 position (MofW Agreement) -------------------------- 15

 Regularly assigned position to only occupant 10/1/64 ------- 38,207

 Reinstated employs entitled to benefits -------------------- 108,
                                              259(COntra)


      Resigns


      - Employs resigns prior to date of Implementing

      Agreement being effective loses

      protection ____________________________________ 261


Respond to calls necessary to maintain protected
 status ____________________________________________ 126

 Rest day service not included in normal rate of
 compensation _____________________________________ 227

                          25

Restoration of benefits following application of decline in business formula sad subsequent increase in
      Carrier's business ----------------------------------- 448


Retefption of positions not required ------------------------ 10,128,180

 Retroactivity

      - Money claims - 60 days --------------------------- 62


Return to Active Service

      - Not necessarily on home district ------------------ 59


Scope Rule violation not barred by 2/7/65 Agreement -------- 230,275,427,
 442,480
 - When work performed by a protected employs is
 work not within the Scope of any craft
 agreement it is not considered crossing
          lines to perform the work --------------------- 294 (D)


Seasonal employs statue not proved by Carrier -------------- 99

 Seasonal protected employe _________________________________ 98.237,274,
 278,312,439,
 490
 Seniority District Consolidation
 - Organization not required to make Implementing
 Agreement ____________________________________
 Seniority district enlarged by Implementing
 Implementing ______________________________________ 171
 Seniority flora from collective bargaining contract -------- 34,236,246

 Seniority lines may be crossed from temporary assignment
 in accordance with seniority rules ------------------- 66(D),
 70 (D)

 Seniority Lines

      - Abolishment of position and an employe's subsequent

      displacement of another employs does not

      constitute a voluntary exercise of

      seniority ____________________________________ 208,299


      - Cannot refuse temporary work in another seniority

      district ______________________________________ 465


                          26

          - Transfer of work only within same seniority district no implementing agreement

required _____________________________________ 40.42,43,
 - 106,124,189,
 191,206,216,
 219,248,276,
 291,347

      - Watchman cannot decline trackman job without valid


          reason _______________________________________ 169,240,241


Seniority of Clerk & Telegrapher now moot, due to
 merger ______________________________________________ 249

 Seniority of transferred protected employs retained -------- 79

 Seniority of transferred protected employs not
 retained ____________________________________________ 244

 Seniority rights not lost for failure to exercise ---------- 69

      Separation Allowance


      - Specific work that is calculated as a fixed aide

      payment is an established part of the employe's

      daily rate and should be considered as his

      regular daily rate in computing his separation

      allowance _____________________________________ 304


Separation allowance computer per Section 9(b)
    WJPA _________________________________________________ 192,304,492


Separation allowance due where employs had 15 years of
 employment relationship ------------------------------ 34,281

 Separation allowance not allowed -------------------------- 219,273,282,
                                              291,468


Separation allowance not due employs who has 15 years
 employment relationship and voluntarily exercises
 his seniority on another position requiring him
 to move when he could have exercised his seniority
 on a position not requiring a move
 (See Award 34) _______________________________________ 291

 Separation allowance not due employs who is not required
 to move sad entitled to position through exercise
 o£ seniority or Implementing Agreement --------------- 219

 Separation allowance provided for in implementing
 Agreement subject to 7-day provision of
 Article V ____________________________________________ 24.273

                          27

Strike
      - Anticipated strike permits reduction based on

      anticipated decline in business --------------- 469


        Permits reduction of force ------------------------ 148,424,469


      - Time claims properly before Third Division -------- 178,199


Strike or Emergency
          - Carrier may not reduce forces unless its business has been affected by the strike. The mere existence of a strike elsewhere that does not affect Carrier is not sufficient to abolish

          positions _____________________________________ 341,342,368,

      369

      - No emergency when river froze but barge traffic

      continued and no showing by carrier the

      freeze was more severe than past years -------- 463

      - The sixteen hour advance notice by carrier in

      emergency conditions was eliminated in the

      February 25, 1971, national agreement,

      however, if an employs reports for duty

      without having been previously notified

      not to report, he shall be paid four (4)

      hours pay at the rate for his position -------- 245,368,369


Supervisory position not subject to protective
      provisions ___________________________________________ 36,195,205,

                                              260


Suspension sad abolishment synonymous --------------------- 200,242

 Suspension not synonymous with abolishment ----------------- 115(D)

 Technological change
      - Installation of CTC ------------------------------- 2,387,388,

                                              389


      - Installation of DICC ------------------------------ 43


Temporary abolishment and suspension synonymous ------------ 200

 Temporary Assignment 10/1/64
      - Rate of regular assignment is protected rate ------ 207


Temporary assignment across seniority linen cannot be
 refused without valid reason ------------------------- 169,465

                          28

Temporary assignment claimed, protected employs gate travel
 expense only whoa Schedule Agreement so
 provides _____________________________________________ 97
 Tempprary assignment filled without Implementing Agreement
 by protected employs of other seniority
 district _____________________________________________ 60 (D)
 Temporary suspension not synonymous with abolishment ------- 115,
 242(COntra)
 Temporary transfer is emergency does not require
 Implementing Agreement _______________________________ 142

 Temporary Vacancy Bid
 - Lost guarantee rate ------------------------------- 259
 Temporary vacancy may be declined by extra employs --------- 212,465

 Terminal Company

      - Decline in business ------------------------------- 27,119,201,

      202,215,283,

      297,348,349,

      435,487,488,

      495


      - Implementing agreement guidelines ----------------- 155,156,

                                              213(D),277,

                                              283,297,380,

                                              406


      - Parties obligated to make implementing

          agreement _____________________________________ 155,156,202,

                                              262,291,292,

                                              297


Tact Period

      - Earnings and hours computed ----------------------- 173,481

      - Earnings and hours include all earnings and time

      paid by Carrier ------------------------------- 23,173

      - Earnings exclude compensation as business car

          attendant _____________________________________ 184


Throughout System means Carrier's system sad not Schedule
 Agreement territory _________________________________ 12
 Time limit extended where Carrier delays information ------- 98,425
 Time limit not extended where Carrier delays
 information __________________________________________ 226

                          29

Time limit rules apply on money claims --------------------- 62,63,131,
 150,166,255,
 261,299,308,
 310,325,345,
 353,354,357,
 · 359,360,362,
 383,384,385,
 410
 Time Limit rules waived

      - Meaning and interpretation of Agreement ----------- 63


Time limit waived by Carrier and fixed by 11/24/65
 Interpretations ______________________________________ 99,203

 Time lost working under other agreement reduces
 guaranteed compensation ----------------------------__ 183,411

 Total compensation means all compensation paid by
 Carrier ______________________________

 Transfer across seniority lines is emergency does not
 require Implementing Agreement ----------------------- 142

 Transfer allowance allowed --------------------------------- 221,222,223

 Transfer allowance not allowed ---------------------------- 198

 Transfer of Employ*

      - And work permissible under Schedule Agreement -

      Implementing Agreement not required ----------- 40,42,43,

      106,346


Transfer of Work Across Seniority Lines

      - Implementing Agreement not required if permissible

          before 2/7/65 ________________________-_______ 40


Transfer of work and/or Employe

      - Beyond Schedule Agreement territory but within

      system _____________________-__________________ 12


      - By Implementing Agreement where no tech., etc.,

      change _____-_-________________________________ 35


      - From Clerk to agent not permissible --------------- 120


          - From Clerk to telegrapher - Implementing Agreement not required if permissible before

          2/7/65 _______________________________________ 2,204


                          30

      - From clerk to telegrapher - Implementing

      Agreement not required if permissible before

          2/7/65 ________________________________________ 2.204


        From telegrapher at closed station to clerk at

        nearby open station did not cross craft

          lines _________________________________________ 11,276


      - Implementing Agreement not required if

          permissible before 2/7/65 -------------------- 120


      - Not required - no Implementing Agreement

      required ______________________________________ 3,43(D),

      124,189,

      191,206


      - Not caused by change in billing procedure --------- 20

      - Not prohibited if benefits paid ------------------- 230

      - Permanently across seniority lines required

          Implementing Agreement ------------------------ 70,216,417


      - Placed ahead of unprotected employee -------------- 78,79,90


      - "Throughout system" does not include other

      Carrier ______________________________________y8


      - To other Carrier not covered by 2/7/65


          Agreement ____________________________________ g


      - To other roster and dovetail with unprotected

      employes _____________________________________ 67,79


      - Within seniority district, protected employe

      may transfer to new work location or

      exercise seniority ---------------------------- 106


      - Without employee does not require Implementing

          Agreement _____________________________________ 3,191,206,

                                              346


          - Without Implementing Agreement permissible whether or not Implementing Agreement

          required before 2/7/65 ----------------------- 40(D),124,

                                              191,206


Travel Expense

      - No rule granting payment, however, Art. 7I, Sec. 3

      of 2/7/65 Agt. requires parties to negotiate

      an Agt. for expenses in traveling ------------- 119,155,

      156,201


      - Not included in protected rate -------------------- 54,55,56,

      57,58,59,

      60,143,153,

      372

      - Not payable where no tech., etc., change ---------- 69,167

      - Not provided covering temporary assignment -------- 90,201


                          31

      - Paid on temporary assignment only when Schedule

      Agreement so provides -----------_____________ 97


      - Parties obligated to negotiate rule -------------_ 201


i
 Unpietected Employe
      - Cannot claim work assigned to junior protected

      employe _______________________________________50

      - No rights from 2/7/65 Agreement ------------------- 176

      - Not covered by Implementing Agreement without

      specific inclusion ------------_-----_________ 151

      - Seniority not impaired in relation to junior

      protected employs by 2/7/65 Agreement --------- 111,112

      - Seniority not nullified by assignment of junior

          protected employs -------------------__________ 91,114


Voluntarily
      - Bids on job - no moving expenses payable ---------- 133,270,279


      - Bids on temporary lower rated job ----------------- 259


      - Elects lower rated job ---------------------------- 68,193,447,

      451

      - Elects to transfer to other craft - suspends

      protection ___________________________________ 411

      - Elects to transfer to other seniority district -

      loses protection ----------------------------- 75(D),168

      - Exercise of seniority - employs entitled to

      protected rate if unable to obtain other

      positions ____________________________________ 44(D),181,

      194,413

      - Exercise of seniority - return from leave of

          absence _______________________________________214


      - Sickness is a voluntary absence from work --------- 456


Voluntary Exercise of Seniority
 - Employs not required to change residence ---------- 110
 - In anticipation of job abolishment ---------------- 257,258
 - Not when employs force-assigned to bulletined
          position _____________________________________ 441


                          32

      - Not when job abolished ---------------------------- 158,208,

      209,223,

      257,258,

      299


        Not when job bulletined per agreement ------------- 165


        To lower rated job, guaranteed higher rate not

          preserved _____________________________________ 22,132,214,

                                              233,302,

                                              447,451


      - When by other employe subsequent displacements

      are considered voluntary as well -------------- 453


      - Where employe is disqualified --------------------- 13,26,364,

      413


WJPA
      - Board 605 has authority to hear

      WJPA disputes _________________________________ 480


      - Changing headquarters points is

      not coordination ----------------------------- 466


      - Changing interchange points is not

      coordination ---------------------------------- 416


      - Coordination agreement ---------------------------- 285


      - Coordination - remanded --------------------------- 296


      - Displacement allowance ---------------------------- 187,188,293


      - Exercise of seniority requiring change of

      residence ____________________________________ 266


      - Past practice of allowing auto mileage not

      covered by Section 6(a) unless included in

      subsequent collective bargaining

      agreements ____________________________________ 467


      - Separation allowance ------------------------------ 152,293,304,

                                              492


      - Transfer allowance under implementing

          Agreement _____________________________________ 221,222,223


Weather
      - Emergency permits shifting forces ---------------- 152,419


      - Hurricane ________________________________________ 247


      - River freeze no more severe than past years,

      no justification to suspend protection ------- 463


                          33

Work sad headquarters not synonymous ---------------------- 107
 Wotk force of protected employee applied
 to employee and not positions ----------------------- 10,128,180

 34