B-126868, MAY 31, 1956

B-126868: May 31, 1956

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IT APPEARS THAT THE WAGE AGREEMENTS OF THE ALASKA RAILROAD ARE SUBJECT TO APPROVAL BY THE SECRETARY OF THE INTERIOR OR HIS DELEGATED REPRESENTATIVE. THAT THE APPROVAL OF THIS AGREEMENT WAS NOT GIVEN UNTIL DECEMBER 20. THAT THE RAILROAD OFFICIALS THEMSELVES ARE NOW AND WERE IN DECEMBER 1955 WITHOUT AUTHORITY TO EXECUTE A FINAL BINDING WAGE AGREEMENT. IT IS OUR UNDERSTANDING THAT WHILE THE RAILROAD OFFICIALS WERE NOT AUTHORIZED TO EXECUTE A FINAL BINDING AGREEMENT FOR WAGE INCREASES THE CIRCUMSTANCES INDICATE THAT THEY WERE CLOTHED WITH AUTHORITY TO CONDUCT WAGE NEGOTIATIONS SUBJECT TO SUBSEQUENT APPROVAL BY THE SECRETARY OF THE INTERIOR OR HIS DELEGATE. THE AGREEMENT IN THIS CASE WHICH WAS APPROVED DECEMBER 20.

B-126868, MAY 31, 1956

TO THE SECRETARY OF THE INTERIOR:

IN LETTER OF MAY 14, 1956, THE ADMINISTRATIVE ASSISTANT SECRETARY REQUESTS ADVICE AS TO WHETHER OUR DECISION OF FEBRUARY 20, 1956, TO YOU, HOLDING THAT THE WAGE INCREASE GRANTED EMPLOYEES OF THE ALASKA RAILROAD LEGALLY COULD BE MADE EFFECTIVE FROM DECEMBER 12, 1955, THE DATE OF THE ORIGINAL AGREEMENT, WOULD BE ADHERED TO IN THE LIGHT OF THE ADDITIONAL FACTS STATED IN HIS SUBMISSION.

IT APPEARS THAT THE WAGE AGREEMENTS OF THE ALASKA RAILROAD ARE SUBJECT TO APPROVAL BY THE SECRETARY OF THE INTERIOR OR HIS DELEGATED REPRESENTATIVE; THAT THE APPROVAL OF THIS AGREEMENT WAS NOT GIVEN UNTIL DECEMBER 20, 1955; THAT THE AUTHORITY TO APPROVE SUCH WAGE AGREEMENTS HAD BEEN DELEGATED TO THE DIRECTOR OF THE OFFICE OF THE TERRITORIES OF YOUR DEPARTMENT BUT HE HAD CHOSEN NEITHER TO EXERCISE SUCH AUTHORITY OR TO REDELEGATE IT; AND THAT THE RAILROAD OFFICIALS THEMSELVES ARE NOW AND WERE IN DECEMBER 1955 WITHOUT AUTHORITY TO EXECUTE A FINAL BINDING WAGE AGREEMENT.

IT IS OUR UNDERSTANDING THAT WHILE THE RAILROAD OFFICIALS WERE NOT AUTHORIZED TO EXECUTE A FINAL BINDING AGREEMENT FOR WAGE INCREASES THE CIRCUMSTANCES INDICATE THAT THEY WERE CLOTHED WITH AUTHORITY TO CONDUCT WAGE NEGOTIATIONS SUBJECT TO SUBSEQUENT APPROVAL BY THE SECRETARY OF THE INTERIOR OR HIS DELEGATE. IF SUCH BE THE CASE, IT FOLLOWS THAT THE APPROVAL BY THE SECRETARY OF THE INTERIOR WITHOUT SPECIFIC QUALIFICATION OF THE TENTATIVE WAGE AGREEMENT BETWEEN THE OFFICIALS OF THE RAILROAD AND THE UNION--- THE AGREEMENT PURPORTING TO GRANT INCREASES COMPARABLE WITH STATE SIDE INCREASES EFFECTIVE PRIOR TO DATE OF SUCH AGREEMENT--- WOULD RELATE BACK TO THE DATE OF THE AGREEMENT AND AUTHORIZE INCREASED WAGES FROM AND AFTER THAT DATE. COMPARE 17 COMP. GEN. 369, AND THE OTHER DECISIONS CITED IN OUR PREVIOUS DECISION OF FEBRUARY 20, 1956, TO YOU.

SPECIFICALLY, THEREFORE, THE AGREEMENT IN THIS CASE WHICH WAS APPROVED DECEMBER 20, 1955, MAY BE MADE EFFECTIVE DECEMBER 12, 1955, THE DATE ON WHICH THE AGREEMENT WAS SIGNED BY THE GENERAL MANAGER OF THE RAILROAD AND UNION REPRESENTATIVES.

Oct 29, 2020

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Oct 27, 2020

  • 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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