STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communication Division, BRAC, on the Norfolk & Western Railway Company, T-C 5753, that:
The issue involved herein is predicated upon various provisions of the collective bargaining agreement between the Norfolk and Western Railway Company and the Employes represented by T-C Division, BRAC, as amended and supplemented, effective date of February 16, 1958, and more specifically the Supplemental Agreement between the parties dated October 25, 1968, but whose terms were effective on October 15, 1967, as the Agreement states. These Agreements are made available to your Board and by this reference are made a part hereof.
The two disputes were handled in the usual manner on the property and in accordance with the agreement provisions of the Railway Labor Act;
CARRIER'S STATEMENT OF FACTS: On September 30, 1967, an award was rendered by Arbitration Board No. 298, the provisions of which were made effective October 15, 1967. Copy of the award is attached herewith for ready reference, identified as Carrier's Attachment "A". Section V of this award was made to read as follows:
The parties to whom the award was made to apply entered into subsequent agreements to extend the time within which the organizations subject to the award were to exercise their options under the above quoted Section V of the award.
The System Division of the Telegraphers' Organization involved in this dispute exercised its options under such Section V of the award by letter dated January 10, 1968, copy of which letter is attached hereto as Carrier's Attachment "B." Further exchanges of correspondence occurred between the parties as shown in Carrier's Attachments "C-1," "C-2" and "C-3" hereto.
A series of conferences then followed, culminating in tire parties signing a Supplemental Agreement on the date of October 25, 1968. Copy of such Supplemental Agreement is attached hereto as Carrier's Attachment "D." The preamble paragraph of that agreement shows that the agreement was made "* * * for the purpose of implementing Award of Arbitration Board 298, dated September 30, 1967."
In the meantime, Raymond E. Oakes, Jr., the Claimant named in Claim No. 1 in this case, resigned from the service of this Carrier on August 27, 1968, and Johnson H. Morrissette, the Claimant named in Claim No. 2 in this case, resigned from the service of this Carrier on April 27, 1968.
Nevertheless, during the month of April, 1969, claims for automobile mileage allowances and away-from-home expenses under provisions of the October 25, 1968 Supplemental Agreement (Carrier's Attachment "D" hereto) were filed by Claimant Oakes for the months of March, April and May, 1968, and by Claimant Morrissette for October, November and December, 1.967, and January, February, March and April, 1968.
OPINION OF BOARD: This dispute involves a question of retroactive application of an agreement to employes who in the interim between execution of the agreement and its retroactive effective date left the service of the Carrier.
CARRIER'S STATEMENT OF FACTS: On September 30, 1967, an award was rendered by Arbitration Board No. 298, the provisions of which were made effective October 15, 1967. Copy of the award is attached herewith for ready reference, identified as Carrier's Attachment "A". Section V of this award was made to read as follows:
The parties to whom the award was made to apply entered into subsequent agreements to extend the time within which the organizations subject to the award were to exercise their options under the above quoted Section V of the award.
The System Division of the Telegraphers' Organization involved in this dispute exercised its options under such Section V of the award by letter dated January 10, 1968, copy of which letter is attached hereto as Carrier's Attachment "B." Further exchanges of correspondence occurred between the parties as shown in Carrier's Attachments "C-1," "C-2" and "C-3" hereto.
A series of conferences then followed, culminating in the parties signing a Supplemental Agreement on the date of October 25, 1968. Copy of such Supplemental Agreement is attached hereto as Carrier's Attachment "D." The preamble paragraph of that agreement shows that the agreement was made "* * * for the purpose of implementing Award of Arbitration Board 298, dated September 30, 1967."
In the meantime, Raymond E. Oakes, Jr., the Claimant named in Claim No. 1 in this case, resigned from the service of this Carrier on August 27, 1968, and Johnson H. Morrissette, the Claimant named in Claim No. 2 in this case, resigned from the service of this Carrier on April 27, 1968.
Nevertheless, during the month of April, 1969, claims for automobile mileage allowances and away-from-home expenses under provisions of the October 25, 1968 Supplemental Agreement (Carrier's Attachment "D" hereto) were filed by Claimant Oakes for the months of March, April and May, 1968, and by Claimant Morrissette for October, November and December, 1967, and January, February, March and April, 1968.
OPINION OF BOARD: This dispute involves a question of retroactive application of an agreement to employes who in the interim between execution of the agreement and its retroactive effective date left the service of the Carrier.