ITEM ‑ 43(d‑4)

November 14, 1977

This refers to your May 4, 1977 letter, file GCA/77‑12, concerning the right of a conductor to remain on the conductor extra board in preference to holding a regular pool freight position as a conductor, without sacrificing his conductor seniority.

Section 9(a) and (b) of the conductor extra board agreement dated August 7, 1972 provide as follows:

"9(a). Conductors assigned to the extra board will remain thereon not less than 30 days, unless displaced, except that ‑

"such conductor may move to a new turn or a permanent vacancy in the freight pool, provided his written application has been on file not less than 5 days prior to assignment of the vacancy or new turn."

"NOTE: A conductor who voluntarily moves from the extra board to cool service as provided by the exception above shall not be permitted to again file application for or otherwise return to the extra board for a period of 60 days thereafter, unless such conductor is displaced from the pool prior to expiration of the 60 day period.

"(b). Conductors relinquishing the extra board must displace the junior pool freight conductor when seniority permits; otherwise, they will displace per Rule 92(15)."

It is our interpretation that under the terms of the above‑quoted provisions, the conductor may remain on the conductor extra board without penalty in preference to holding a regular pool freight position as conductor. Therefore we concur with your interpretation that rule 92(23) does not penalize a conductor who elects to remain on an extra board rather than holding a regular pool freight position as conductor. .

Instructions will be issued to the operating department relative to the application of section 9(a) and (b) of the conductor extra board agreement.