NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-19524
(David P. Weatherby
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM: This is to serve notice, as required by the rules of the
National Railroad Adjustment Board, of my intention to file
an ex parts submission on July 17, 1971 covering an unadjusted dispute between
me and the Union Pacific Railroad Company involving the question:
Five Percent (5%) pay increase retroactive to January 1, 1970. I was
employed with the said railroad for the period January 1, 1970 through May 31,
1970 and have as of this date been unsuccessful in obtaining this pay increase.
OPINION OF BOARD: Claimant herein alleges he was improperly denied retroactive
pay under the National Mediation Agreement of February 25,
1971.
The record reveals that Claimant voluntarily terminated his employaent relations with the Carrie
Article 1, Section 1(i) of the February 25, 1971 Agreement provides:
"(i) Coverage -
All employees who had an employment relationship after December
31, 1969 shall receive the amounts to which they are entitled under this Section 1 regardless of whe
in the employ of the carrier except persons who prior to December 11, 1970 have voluntarily left
other than to retire or who have failed to respond to a callback to service to which they were o
Rules Agreement. Overtime hours will be computed in accordance with individual schedules for all ove
(Emphasis supplied)"
The Board must apply the Agreement as written and, under the clear
and unambiguous terms of Article 1, Section 1 (i), we find that Claimant did
not meet the criteria for receipt of the retroactive pay which he claims. See
Awards 19004 and 19006.
We need not discuss other issues advanced by the Carrier since we have
decided the merits of the claim against the Claimant.
Award Number 19297 page 2
Docket Number MS-19524
FINDINC:'!: The
Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Fmployes within the meaning of the Railway Labor Act,
as approved June 27., 1934;
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
lIATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago,, Illinois, this 30th day of June 1972.