3. Evaluate theCompany’s argument that the parties agreed to make the effective date retroactive. During September 2005, the parties were negotiating the Labor Agreement due to expire on October 31, 2005. The Union had proposed to add Martin Luther King, Jr.’s birthday and Memorial Day as non-work holidays. The Company countered with a proposal to ‘‘Swap George Washington’s birthday for Memorial Day.’’ On October 25, CHAPTER 11: LABOR AND EMPLOYMENT ARBITRATION 509 2005, the parties agreed to a Contingent Agreement on Contract Extension, which stated:

It is understood by all parties that:

1. The current Labor Agreement expires at midnight on October 30, 2005;

2. The parties are negotiating in good faith to reach a new Agreement;

3. The parties wish to provide every opportunity for the bargaining unit’s voters to consider the negotiation proposals while work under the existing Agreement continues uninterrupted and without threat of interruptions;

and 4. The parties do not wish for the current Agreement to expire without a new Agreement in place unless and until all reasonable efforts to avoid operating without an Agreement have been pursued.

As such, the parties agree as follows:

1. The current Agreement will remain in full force and effect until midnight November 15, 2005, unless a new Agreement is substituted for the current Agreement or the parties mutually agree in writing to end the Agreement earlier;

2. After November 15, 2005, either party may terminate the current Agreement’s extension by written notice to the other of at least seven (7) calendar days;

3. The parties agree to apply the terms of any wage or benefit change agreed upon during the extension of the current Agreement back to the expiration of that Agreement on October 30, 2005.