Facts
Max Beerli AG, a painting and plastering business, is the legal successor of the sole proprietorship of the same name, which employed the brothers Carmine and Bernardino Rinaldi from mid-March to mid-December 1979. The Thurgau Master Painters' Association and three trade unions, represented by the Parity Professional Commission for the Painting and Plastering Trade of the Canton of Thurgau, filed a claim in May 1982 against Max Beerli AG for a declaratory judgment that the defendant still owed amounts to its former employees Carmine and Bernardino Rinaldi.
The District Court of Münchwilen dismissed the claim. The plaintiffs appealed to the High Court of the Canton of Thurgau, which on January 29, 1985 partially upheld the declaratory claim regarding Carmine Rinaldi, but dismissed the other claims.
The plaintiffs have filed an appeal against the judgment of the High Court, in which they maintain their claim regarding Carmine Rinaldi in the amount of CHF 5,983.80 and their claim regarding Bernardino Rinaldi in the amount of CHF 12,438.-- plus interest.
Considerations
The Federal Supreme Court has decided as follows
1. As far as the claim of Carmine Rinaldi is concerned, the appeal will not be considered, as it is a matter of cantonal law whether the judge may deviate from the parties' claims, which cannot be challenged by the appeal.
2. For the period from March 31 to June 25, 1979, the plaintiffs' declaratory claim does not apply, as the framework agreement did not apply generally during this time. For the remaining time, the plaintiffs' declaratory…