NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-19521
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employees
PARTIES TO DISPUTE:
(New York, Susquehanna and Western Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7035)
that:
(A) Carrier violated the Clerks' Agreement, particularly the Agreement of April 14, 1964, beginn
or refused to pay supplemental pensions to the Claimants named in Item (B) hereof, and
(B) Carrier shall be required to make payment of supplemental pensions
each month beginning with the payment due for the month of October 1967 to each
of the individuals named below in the amount indicated and same shall be continued for the life of t
Name Amount Per Month
E. Davis $120.00
J. W. Vandenberg 105.00
J. F. Meade 105.00
D. V. F. Hanners 75.00
G. M. Hanners 75.00
0. See 75.00
S. Likefield 75.00
F. Bowen 75.00
E. Anderson 75.00
C. Pasquirello 75.00
and,
(C) In addition to the money amounts claimed herein, Carrier shall be
required to pay Claimants an additional amount of 6% per annum from date each
monthly payment was due up to time payments are made.
OPINION OF BOARD: 1.Pensioners are employees as long as they receive, or are
supposed to receive, emolument from the employer. All evolves
from the employment, and they are under the contemplation of the Railway Labor Act.
2. Carrier agrees that the supplemental pensions should be paid and
agrees in the letter February 1969 that 6% interest will be paid as soon as the
Carrier is able to make the payments.
3. This Board will not comment on the results of the Carrier just not
having the money to pay the claim.
4. However, this claim is just, and is owed to the claimants with
interest, by agreement.
Award Number 19438 Page 2
Docket Number CL-19521
FINDINGS: 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 Employes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the Agreement was violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
gr"x/
Dated at Chicago, Illinois, this 17th day of October 1972.
.J