NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21550
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Philadelphia, Bethlehem and New England
( Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8077) that:
(a) The Carrier violated the terms of an Agreement between
the parties hereto, when it refused to compensate the employes named
below $150.00 as a tax pickup of the employes' portion of Railroad
Retirement Tax in excess of the Social Security tax rates during the
period of October 1, 1973 to February 28, 1974.
(b) The Carrier shall be required to compensate each of
the following named employes $150.00 as a Railroad Retirement Tax
Pickup for the period of October 1, 1973 to February 28, 1974.
Dennis, H. T. Hause, J. F. Reed, E. H.
Ott, F. S. Houser, F. W. Pagel, P. D.
Schmell, A. G. Vario, D. T. Repyneck, L. J.
Gritz, J. E. Knappenberger, K. E. Reiss, L. G.
Zurn, J. J. Siegfried, J. F. Prebosnyak, R. W.
Same s, R. A. Walck, C. P. Peters, R. W.
Bennett, H. A. Rengel, J. E. McFadden, G. J.
Clay, G. L. Wida, P. G. Ritchie, R. W.
Ripple, G. A. Reichard, G. E. Carrigan, T. J.
Kennedy R. F. Mertz, J. A. Blum, J. S., III
Joshi, D. T. Fisher, J. G. Libricz, G. J.
Takacs, G. M. Matz, C. W. Achey, R. R.
Richardson, R. H. Beier, R. I. Debus, C. G.
Grube, W. U. Thatcher, R. W. Krokus, B. J.
Barnett, W. Q. Sawaska, J. P. Kutch, M.
Henry, D. A. Ryan, T. P. Cuskey, J. V.
Reiss, K. H. Searfoss, D. J. Patterson, D. C.
Voortman, C. J. Todaro, J. A. Lauderslager, R.
Award Number 21632 Page 2
Docket Number CL-21550
OPINICK OF BOARD: Our review of the record in this dispute discloses
two (2) separate and distinct assertions:
(1) The payment of a $150.00 "bonus" to each of
Carrier's employes.
(2) The application of the provisions of Public
Law 93-69
as they relate to Railroad Retirement Tax computalons.
By a handwritten note included on a June
4, 1974
memorandum
between the parties, it was provided that, in the event Carrier made
the Railroad Retirement Tax Computation adjustment effective earlier
than March 1,
1974
for employes represented by any other organization;
a similar application would be afforded the employes herein.
Petitioner now claims that the Carrier subsequently entered
into agreements with other organizations (initially and particularly
the United Transportation Union) which contain more liberal provisions
than those afforded clerical forces, regarding both the "tax pick up"
and the $150.00 bonus payments.
However, we are not able to find facts in this record to
support such a. contention. Public Law
93-69
(as it related to Railroad
Retirement Tax computations) became effective for all groups on this
Carrier on March 1,
1974.
The agreements entered into with all of the
various organizations involved - including petitioner - provided
solely that each employe, in each class or group, would receive a
single direct bonus payment of $150.00. That was done, and the
Carrier's contractual obligation to its clerical employes was,
accordingly, satisfied. The claim, as presented, is without merit.
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;
Award Number 21632 Page
3
Docket Number CL-21550
That this Division of the Adjustment Hoard has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL IRAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
PA-
Dated at Chicago, Illinois, this 29th day of July 1977.