B-126868, FEB. 20, 1956

B-126868: Feb 20, 1956

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THAT HOLDING WAS BASED UPON THE RATIONALE OF OUR DECISION OF OCTOBER 3. AS THE ORIGINAL AGREEMENT BETWEEN THE ALASKA RAILROAD AND THE UNION WAS DATED DECEMBER 12.

B-126868, FEB. 20, 1956

TO THE HONORABLE SECRETARY OF THE INTERIOR:

IN LETTER OF JANUARY 30, 1956, THE ADMINISTRATIVE ASSISTANT SECRETARY OF THE INTERIOR REQUESTED OUR DECISION REGARDING THE EFFECTIVE DATE OF WAGE INCREASE GRANTED NONOPERATING EMPLOYEES OF THE ALASKA RAILROAD.

THE LETTER STATES THAT ON DECEMBER 12, 1955, THE REPRESENTATIVES OF THE RAILROAD AND THE UNION AGREED THAT THE EMPLOYEES SHOULD BE GIVEN AN INCREASE COMPARABLE WITH THAT GRANTED NONOPERATING STATESIDE RAILROAD EMPLOYEES UNDER THE WAGE DISPUTE THEN CURRENTLY UNDER NEGOTIATION. THE STATESIDE NEGOTIATION RESULTED IN A WAGE INCREASE RETROACTIVELY EFFECTIVE DECEMBER 1, 1955.

IN OUR DECISION OF JULY 5, 1950, B-62932 - B-75121, WE HELD THAT A FINAL AGREEMENT FIXING THE AMOUNT OF A WAGE INCREASE COULD BE MADE EFFECTIVE AS OF THE DATE OF THE PRIOR AGREEMENT WHICH PROVIDED FOR THE GRANTING OF A WAGE INCREASE AT A RATE TO BE DETERMINED AT A LATER DATE WITHOUT VIOLATING THE RULE AGAINST RETROACTIVE INCREASES. THAT HOLDING WAS BASED UPON THE RATIONALE OF OUR DECISION OF OCTOBER 3, 1946, B 60372, AND OF MAY 7, 1946, B-53935.

AS THE ORIGINAL AGREEMENT BETWEEN THE ALASKA RAILROAD AND THE UNION WAS DATED DECEMBER 12, 1955, THE WAGE INCREASE LATER AGREED UPON COULD BE MADE EFFECTIVE ONLY ON AND AFTER THAT DATE.

Oct 29, 2020

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  • Silver Investments, Inc.
    We dismiss the protest as untimely because it was filed more than 10 days after the protester knew, or should have known, the basis for its protest.
    B-419028

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