Appendix — Portnoy v. United States

Supreme Court brief1963

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EXCERPTS FROM THE COMPLAINT.

1. a :- i \ > * * eo

3. Defendant, Louisville and Nashville Railroad Com-

pany, is.a Kentucky corporation engaged in interstate -

transportation of freight and, passengers with its chief

office and place of business at Louisville, Kentucky, and is

a carrier as defined by the Railway Labor Act, 1984. Plain-

tiffs and the others whom they represetit are all long time

employes of said defendant, Railroad Company, prowd of

their connection with said defendant and differing from

said defendant only as to the interpretation of contracts as

will hereinafter appear.

4. Defendant, System Federation No. 91, Railway Ent-

ployes’ Department, A.F.L.-C.L0O., is an unincorporated

association, or labor. union, all of whose members are em:

ployees of the Louisville and Nashville Railroad Company :

‘and are likewise members of one or the other of the follow-

ing labor unions, each of which is an international, inincor-

porated assoctation whose members are employed by the:

Louisville and Nashville Railroad Company and other in-

‘terstate railroads, each of which unincorporated associa-.

tion is a labor union, composed of various local lodges or

unions located at ver rious _points. upon_the Louisville and

Nashville RaYroad Company and other interstate railroads,

each of which lodgés. or local unions isan unincorporated -

association whose members are employ ees of the Louisville

and Nashville Railroad Company or of the particular rail-

road upon which said local fs located, said labor unions

operating upon the Louisville and Nashville Raifr oad Com-

pany lines, through ‘the System Federation, including the

following. unions: International Association of Machinists,

Sheetmetal Workers International Assoc igtion, Interna-

tional Brotherhood of Electrical W orkers and the Interna-

tional Brotherhood of Firemen, Oilers, Helpers, Round-

house and Railway Shop Laborers.

a & * s s eS *

. 2b

‘Excerpts From the Complaint

9. An Agreement made pursuant to said Railway

Labor Act 1934, as amended, effective September 1, 1943 —

with revisions up ‘to February 1, 1952 was in effect on and.

prior to February 18, 1957, between the defendant Rail-

road Compaiiy and the Machizists Union, the Sheetmetal

Workers Union, and the Electricians Union, operating

through said System Federation No. 91, covering rules and

working conditions. A copy of said Agreement is filed

herewith marked “Exhibit A.” .

10. An Agreement made pursuant to the Railway

Labor Act 1934, as amended, effective June 1, 1942 with.

revisions up to November 1, 1946, was in effect on and prior

to February 18,1957 between the defendant Louisville and

Nashville Railroad, Company and ‘International Brother- .

hood of Firemen, Oilers, Helpers, Roundhouse and Railway

Shop Laborers, represented by System’ Federation No. 31,

covering rules and’ working conditions. A copy of said

Agreement: is “filed herew ith marked “Exhibit B”.

11. The following provisions of the skilled employes’

agreement relating to seniority were. in effect prior to and

on February 18, 1957, and still are in effect:

. “29(a) Seniority of each employe covered by this

‘agreement will begin frem the date and time the em,

ploye starts to work.

. “29(b) Seniority of employes i in each craft covered:

by this agreement shall be confined to the point em-

ploy ed for those who perform work as per special rules

- of each craft in the various departments of the railroad

as follows:

/ Machinists .

Boilermakers’

e Sheet Metal Wor kers

. Moulders

Electricians

——Earcerpts 4 rem the Complaint

“Four subdivisions of the Carmen as follows:

Patternmakers

Upholsterers 4

Painters vs

* Other Carmen

Coach Cleaners

“At Louisville,. Kentucky, seniorityyrosters for cach’.

i ° ° ° . \ -

eraft will be maintained as follows;

Machinists . os

South Louisville Shops es

‘South Louisville Rotndhouse ——~~ -

Boilermakers’~ ~ * a 3

South Louisville Shops

— South Louisville Roundhouse .

Sheet Metal Workers - Gare

. South Lousville Shops

— South Louisville Roundhouse - :

_ Union, ’assonger Station a

; Electricians 2

South Louisville Shops

South Louisville Roundhous-

Union Passenger Station -

Other Carmen

“At South Louisville Shops the Air Brake Room,

Coach Carpenters, Painters, Tank Shop #12, Planing

Mill, Cabinet Shop and Plating Shepteand Lontsvalle

Terminal Car Bepartment, Roundhouse aud Union

Jassenger Station s™iority rosters, will be miaintained

‘separately ax heretofore. es move

ee _ - . ae « -

- ® “ *

°0. “Plaintiffs and the emplayes they represent Shad

worked for many years at defendant Railroad Compatiy’s

fSonth Loutsville Roundhonse. A- provided ini “ald were:

magpet= they cone livted on thee Rosters for the Senth Lots

: -Recorgts From the Complaint _ ;

ville Roundhouse according to seniority from hole Sast

‘employment by defendant Railyoad Cémpany..* ° *

. 21. .On February 4, 1957 the Master Mechanic who had

i previously had supervision over~the. South Louisville

Roundhouse and since July 1, 1956, of the South Louisville

* Shops also, issued bulletin No: 39 relating to South Louis- —

ville Roundhouse employes, which réads as follows:

~ “LOUISVILLE & NASHVILLE RAILROAD CO.

Office of the Master Mechanic

So. Louisville, Ky., February 4th, 1957

BULLETIN Xo. 39 .

*®

TO ALL EMPLOY EES CONCERNED:

Effective at the close of work of the third shift, Feb-

_ ruary 17, 1957, all Mechanical operations of the South

Louisville Roundhouse will be discontinued.

* All roundhouse forces will be laid off in keeping with

Rule 26 of the skilled «employes agreement, arid Rule 13 of

the unskilled employes agreement.

As a result of the foregoing, the followi ing employes will

be cut off in force reduction:

; es ° * @ _* * °

_ 27. The action of the defendant Railroad Company in

laying off ihe plaintiffs‘and the other employes whom they

represent was without any justification, arbitrary and in

. violation of the agreements between the various classes of

employes .affected,and the defendant Railroad Company.

_ 28. “> © a a .

On January 28, 1957 representatives of the defendant

Railroad Company held a conference with the Shop Craft |

Representatives comprising | Sy stem Federation No. 91,

A.F.L.-C.1.0. and representativ es of each of the four unions

involved in this action. At that conference these represent-

ane “Excerpts. From the Complaint °

atives of the System Federation and of these unions were |

fully apprised as to the alleged details of force reduction:

The representatives of System Federation No. 91 A.F.L.

' made no objection to the laying off of the plaintiffs and

the employes whom they represent and acceded to the in-

terpretation of the contracts in line with the proposed ac-

tion of the defendant Railroad Company.

Plaintiffs and the other employes whom they represent

all protested within ten days against their being laid off

and being required to accept employment.as of a new

seniority date not earlier than February 18, 1957 but. their:

protests were denied by the defendant Railroad Company.

29. Plaintiffs and the employes whom they represent

then took an appeal to the National Railroad Adjustment

Board, Second Division, and safd appeal was heard by said

Board but said Board on June 30, 1958 found that the

grievance arose because of the closing of the South Louis-

ville Roundhouse, a separate-seniority point of the Carrier

and that there was no provision in the contract requiring

the. dov etailing of seniority rights.

‘ ae ‘s *- - . * @ 4

32.. By reason. of: said acts of said defendant Railroad

_Company in ‘failing to recognize the seniority rights, and

the rights to employment of plaintiffs and the other em.’

ployes they represent, each of said employes has been dam-

aged both in loss of job rights,‘loss of vacation rights, and

actual loss of time at work, which.can be computed after. a

declaration of rights.

* ot oe en) °

~ WHEREFORE, plaintiffs pray and demand

1. A declaration of rights as against defendant Rail-

road Company for each of the plaintiffs and the other em-

ployes listed on the South Louisville Roundhouse Roster

eee 0

poe

6b.

Excerpts From the. Complaint ‘

> on Hobe uary 17, 1997, under. the contracts between defend

ant Railroad Company and said Unions«

Ss - *

2. A declaration of rights as between System Federa-

tion No..91 and defendant Internggional Unions, as to the ~

interpretation of said contracts.

3. An accounting’ by the defendant Railroad Company .

te each of said employes on ‘the Souff Louisville Romud-

— house Roster for the wages for time lost.

4. Recovery against the defendant Sy stem kK ederation

and defendant Unions for plaintiffs’ expenses “herein, and

recovery against all defendauts of costs and ar appropriate

fee for plaintiff’s counsel. *

MOTION oF LOUISVILLE AND NASHVILLE RAIL.

ROAD COMPANY TO DISMISS OR, IN THE ALTER-

NATIVE, MOTION FOR SUMMARY JUDGMENT.

* om * * * * *

Defendant, Loyisville and ? Nashv ille Railroad Company,

by counsel, moves the Court to dismiss this action, or, in

the alternative, for a summary judgment on -beha¥ of the

defendant on the grounds that this Court does not have

jurisdiction of the subject matter of the con piint, because

(1) Under’ the Rai#tway Labor Act, 45 U.S.C.A. 153; exclu- .

sive jurisdiction is vested in the National Railroad \djust-

ment Board in disputes involving the interpretation of

‘collective bargaining agreements. The subject matter of

the complaint is a dis spute between employees ahd their em- ‘

ployes involving the intérpreiation of collective bargaining

agreements, and, therefore, this Court has no jurisdiction

-of the subject matter of the complaint. (2)-The employee

plaintiffs having already taken their case to the National

Raflroad Adjdsiment Board and said Board having already

‘ ° ’

’

Sal

* Tp. : ne she de Ae

Motion of Louise ille and Nashvillé Railroad Company Ete.

decided the. issue involved in said case adversely to the

employee plaintiffs, they are bound by said Board’s de-

“cision, and this Court would have no jurisdiction in the

matter. i :

Defendant files herewith and makes part of this motion

_ the affidavit ‘of W. S. Scholl, Director of Personnel of the

Louisville and Nashville Railroad Company. *

AFFIDAVIT OF W. 8. SCHOLL.

* o = *. . e 2

Affiant, W. S. Scholl, efter first having been duly sworn,

states that he is Diréetor of Personnel of the Louisyille and

Nashville Railroad Company with headquarters at Louis-

ville, Kentucky. -As such Director of Personnel, it is his

duty and responsibility . to’ make. collective bargaining

agreements with the coliective- bargaining represertatives

of the various crafts or classes of employees represented

by said ,collective bargaining representatives. It is’ his

further duty and responsibility to hatdle disputes and

‘grievances arising under waid collective bargaining agree-

ments and the interpretation ther eof. : oe

Affiant, further states that at all times involved herein,

o International ‘Association of Machinists was and js now

“the collective bargaining representative of the craft or class

known as machinists; that the Sheetmetal Workers Inter-

national Assbeiation was and is now the collective bargain-

ing representative of the craft or class known as pipefitters;

‘that the Internatianal Brotherhood of Electrical Workers

was and is now the collective bargaining representative of

the craft or ¢lass known as electricians and International

Brotherhood of Firemen, Oilers, Helpers, Roundhousé and

Railway Shop Laborers was and ts now the collective bar-

gaining representative of the ft or class known as

| i &b ;

Affidavit of W. S. Scholl

laborers; thut all of said unions. operate through System

Federation No. 91 of the Railway Employes’ Department,

ALP.L.-C.LO::

Affiant further states that the Louisville and Nashville

° 4 ° ° eer

Railroad Company has entered inta collective bargaining

agrepnients with said unions covering the crafts or.classes

of employees represented by them, in accordance with the

provisions of the Railway Labor Act:

‘Affiant further states that in ‘accordance with the col-

~ leetive bargaining: agreements heretofore mentioned, sep-

arate and distinct seniority districts were established for

employees working in the South Louisville Roundhouse

*. and the South Louisville Shops. As a result of said sep-

arate and distinct seniority districts, ‘the ‘seniority of em-

ployees working at the South Louisville Roundhouse was

confined to that point and’ they had no seniority right or

right to work in the South Louisville , Shops.

Affiant further states that on or ° about February 17,

1957, all mechanical operations previously performed at

the South Louisville’ Roundhouse were discontinued and,

- as a result thereof, it was necessary to furlough all em-

ployees engaged in the operations of said South - Louisville

- Roundhouse: "oy

Affiant further states that dithough, all mechanical op-

erations forgnerly: nerformed in _tne South Louisville .

Roundhouse have been discontinued, seniority rosters are —

now and will continue to be maintained covering all em-

ployees working at ‘said point and in which each of them.

now and will continue to maintain. their seniority. standing :

established at*the time-of the discontinuance of said

mechanical operations. In the event that mechahical oper- ’

ations should at some time in the future be re-established --

at the South Louisville Roundhouse, ‘the said emplovees

will be given priority to the work to be performed there:

. wat. .

fens

, ‘a

Wo aeas

| Affides it of WLS. Scholl ~

~ and aera pra seniority they had established betore such

operations were discontinued on or abowi February 75

1957. 7

Affiant) further states that upon being furloughed on or

about } ‘ebruary 17, Yor, it set out above, employees were

given the” opportunity to work in tie South Louisville ’

Shops, but it was nee essary for them te begin their work

there as new employees | because ihe se hiority they accumu-

lated as employees of the South Louisyille Roundhouse

coyld not be transterred w bhi them to the South Louisville

Shops under the. provisions of the applicable collective bar.

gaining agreements. a ; . eae,

Afliant farther states that tie said employees furloughed

on or about February 17, 157, were’ dissatisiied heci wuse

the seniority accumilated by them in the South Lowisville.

Roundhouse seriarity distriet could not be. carried over by

them into’ the seniority district, of the South, Louisville

Shops and cevetailed or interwoven with the seniority of ©

the employees working and’ having sy Hlority: in the South

Louisville Shops, according to senierity dates.

Affiant further states that said%employees took their

dispute to the National Railroad Adjustment Board pursu-

ant to the provisions “of the Railway Labor Act. A copy

of their submissien is attiac hed hereto, and made part” >

hereof, marked Exhibit “A”

Affiant further states that the Lotsville and Nz sch eitte

‘Railroad Company made its reply to said. submission, a

copy of which is attached lieveto, and made-part hereof,

ay as ry og 'e" o ° ° 5

marked Exhibit “B”.

:The National Railread Adjustment Board found that

said employees. tianc| noe righ? te have their sentority’ estab.

lished in the South Louisville Roundhouse dovetailed’ or

Interwoven with, the, seniority established by employees

working in the Soi44: Lovisville Shiops. . Therefore, the -

National Railroad Aqjustmerit Board found that the con-

. . es

“e } " 10b

; Ajfidar it of W.S. Scholl

trolling collective bargaining ‘agreement had not been vio-

lated by the Louisville and Nashville Railroad Company

and the claims of the employees. were denied. . A be of

said award is attached hereto, and made, part hereof,

Marked Exhibit a ae % a. Sane

According ‘to the provisions of the Kailway Labor Act

(45 US.CLAS Section 153 (m)Q, the award of the National

Rauroad Adjustme it Board is final and binding upon the

siiid employees and-upon the Louisv ile and Nashville Rail-

rdad Company. | : 7 .

: Park (s) W. 8S. Scholl.

(C'ommy nwealth of Kentucky:

County of Jefferson: .

Subseribed and sworn to before me this. 30th, day of

Mar. 1960. : , Le oP

My ¢ ‘omission expires Febr ur 19, 1963.

) 4. M. Bradford,

ai ee * "Saas Public,

(Seal) - °° aay Jefferson ( ‘ounty, Kentucky,

‘e: .

a ; |

“a

ie, Adjustment Board Award No. 2899 4

: bRawes . / * Award No. 2899

ae : : Docket No. 2797-1

: ; * . - 2:L&N-1,’58

NATIONAL RAILROAD ADJUSTMENT BOARD

SECOND DLVISLON

PARTIES yO DISPUTE: °°%° . .*

J. >. MASDEN, ET AL.

LOUISVILLE AND NASHVILLE RAIL ROAD

i COMPANY | ~

DISPUTE: CLAIM OF EMPLOYEES: (1) By Bal-

letin dated February 4, 1957, the Louisville and Nashville

Railroad Co.. Chereinattér referred: te as the Carrier) an-

houneed Th* ciseontimganee of all mechanical operations of

its Sonth Louisville Roundnouse, e fective at the close of

Ahe third siitt, February 17, 1957. Petitioning employees ;

(hereinafter calle dpe litioners) who prior to that date had

been marking inspections Snel running repairs to and servie-

ing iiiesel iocomotives, at points which for more than fifty

vear= had been Considered in the South Louisville Round-

J house clistrict. werent off in foree reduction, purportedly

under Rule 26 of the skilled employees’ agreement .and

Role 13 of the unskilled eke gic fimedi-

tely faiiowing the discontinuance by the Carrier of ach

opreratiods, th » Jobs comprising such operations were bul-

letined by the Carrier. Some of such jobs were bid in by.

other eniplowees of the Carrier jamior in seniority to-peti-

troners. The remaining jobs were by the Carrier assigned

te jorter epiniowees or assigned to some of pe pcs cecaeas ro.

anew seniority dating of February 18,1957. In the redue-

ties of forees atu restoration of forces, petitioners’ senior.

ted as retired by Rule 29 and: Rale

Beers of the skilled serreemen and Rule 1 and Rule 14(¢)

—

“db f ; . : ? be

12b ©

a Adjustment Board Award No. 2899 -

. of the unskilled agreement. Employees junior in seniority

to petitioners (some of whom have been brought in from

outlying points) are now deing their work. Petitioners

have continued to do the same kind of werk and in the same

places as prior to February 1s, 1957, but have been assigned.

te-less desirable shifts and hours of employment and their

seniority. now statids only as of February 18, 1957, ‘though

many eof them have more than thirty years’ seniority. _

"2. Notwithstanding the Carrier purportedly abandoned

the South Louisville Roundhouse and’ disee ¢ntinued © all

mechanical operations the reof,, it continues: to maintain

seniority rosters-for the Roundhouse district and petitioners

have the same seniority standing thereon as prior. to Fet-

yuary 18,1957. Neve rtheless their employment sinee that

date has been upon’ the basis of seniority ‘in the South

Louisville Shops as of February 18, 1957. ins

3.° The Cartier has refused fo dove-tail the seniority

of petiti mers in with the employees of the South Louis-

ville Shops, as of that date, and the, Unions, being the bar-

gaining representatiy ex of the crafts to which’ petitioners

belong, have refused to request of the Carrier the dove-tail-

ing of petirioners’ seniority with said South Louisville Shop

employees.

—_—— UPON WHICH AN AWARD IS

SOUG

(a) Under the respective agreements in force, can

« the Carrier deprive petitioners of their seniority stand-

ing under the pretext of discontinuing jobs and redue-

ing foree, when the same werk is being done as before

and in the same. places? ’

(b) Are not petitioners entitled to be dove-tailed in

seniority with other employ ees of the South Louisville

Shops, if their work ‘continues to be assigned to said

Shops? - :

its Louisville Division, and was directed”

133!

Adjustment. Board Award No. 2899 .

EMPLOYES’ STATEMENT OF FACTS: (1 ) On Feb

ruary 4, 1957, the carrier posted on the Bu ‘tine Board of

its South Louisville Roundhouse, Bullefis No vo. No. 41

and No. 42 and on February 5, 1947, pofted Balletiyi No. 40.

Each Buletin bore the name ef JAA. Parrish. win) at said

time was and now is the carrier’. m !

ster meg ianie for

not

Tall employes

concerned.

-2. Each Bulletin announce as tollows:

« “Effective at the close of work of ‘the third shift.

February 17; 1957, all Mechanical operations of the

South Louisville Roundhouse will be discontinued.

_ All roundhouse forces will be laid off in keeping

with Rule 26. of the skilled employes agreement. anc

Rule 13 of the unskilled emploges agreement.

As a result of the foregoing, the following employe~

will be eut off is force reduction.”

o. Here appeared the list ot employe < with their re-

spective seniority dates who were ent off in force rednetion.

4. Bulletin No. 3% named the machinists ent off from

‘their fornier jobs, Bulletin No. 40 named the electricians,

Bulletin No. 41 named the pipetitters and Bulletin 42 named

the laborers. : SL tes

5. As of January 1, 1957. the carrier posted on its

bulletin board at its Louisville Terminal (whie is the same

seniority district as the South Lonisville Roundhonse) its

mechanical department seniority roster revised as of Jan-

uary 1,1907. Said roster showed thereon the name of eaeh

of petitioners with his correct seniority date, being the-samy

seniority date as that shown on Bulletins Nos. 30, 40, 41 and

42 with respec: to the employes named therein and being

the same seniority date aS showr in part Noo 1 herest

“Parties to Dispute”. . | :

6.° Effective as of February 18. 1957, petitioners were.

- given a seniority dating atthe South Louisville Shops as of

= ere eee

a .

— 14b

Adjustment Board Aw ard No, 2899

February 18 1957. The work perfornied for the carrier by

the petitioners in their respective crafts since February 15,

1957, has been on*the basis ‘of the seniority datiag ‘from

that date.

7. Within ten days from the effective date of Bulletins

Nos. 39, 40, 41 and 42 end in keeping with Rule 26(c) of

the skilled employes’ agreement and with Rite 14 of ihe

unskilled employes’ agreement, each of petitioners filed

with J. A. Parrish, master mechanic of the carrier at Shop

No. 17, Louisville, Kentucky, with a copy to the general

chairman of the shop union representing his eraft, a written

protest against the discontinuance of his jeb at the South

Louisville Roundhouse pursuant to theearrier’s bulletin

‘applicable to his craft and referred to above. The written

protest gave petitioner's name, his craft in which employe “d

and the seniority date in his elassification. Hach petfiouer

in said written protest requested the proteetion of lis sen

jority and his employment in his quatifieation (as machinist,

_- pipefitter, electrician or laborer, as the case might be) in

keeping with his seniority. Baca sritteu protest bore thes

name OF the emplove together with his address. A copy of

the form of the written protest so used by each of said

petitioners is filed herewith to be read ax part hereof, The

blanks were appropr iately filled! in by each of petit Homers,

8. Within sixty days free tlre placing of each of pei!

- vioners’ names: on the seniority roster of the South Loui-

ville Shops, auc 1 in accordance with Kile Z(e) Of the siktibed

employes’ agreement and Rude $ of the uns skilled employe’

agreement, eac ‘h of said) petitioners filed with I. A. Par-

rish, master mechanic of the carrier, at Shop No. 17, Louis

ville, Kentuéky, with a copy to the general chairman of the

union representing the craft to which each of said petition:

ers belonged,‘a written protest against the plaeing of said

petitioner’s hame on the seniority roster of the South Loni-

ville Shops with a dating of February 18, 1997, and reques.

: a lo} 5

Adjustment Board Award No. 2899

ted that his seniority standing on said roster be change d to

show his true seniority. A+ copy of the form of the written

protest so used by each of said petitivners. is filed herewith

to be read as part hereof. The blanks were appro riately

filled in by each. of petitioners, :

9 On March 4, 1957, Marshall P. Eldred, coyfisel for

petitioners, wrote. and mailed to J. A. Parrish, master

- mechanic of the carrier's Louisville Division, with copies

to J. F. Ryan, chief mechanical officer of the carrier, and .——

W..R. Winkler » Superintendent of the carrier's Louisville.

Division, a ites with reference to Bulletins Nos. 39, 40

41, and 42 and requesting advice with respect to the sen—

iority standing of: each of petitioners whose names ap-

peared on said: bulletins, effective as ‘of “te date of said

-‘etters. é

10. In response to the letter mentioned in the pre ced:

ing paragraph, counsel for petitioners reeeived a repuy

dated March 25, 1957, from W,S. Scholi, the earrier’s diree-

tor of personnel, advising that sgniority rosters were being

maintained for the roundhouse district and that petition

ers’ namies appeared on the list. Counsel was alko advised

that petitioners whose names appeared on the Tist attuehed

". to tounsel’s letter of Mareh 4. 1057. iad the sume standing

there and 6n February 18, 1957, as they. had pritr to that

date. Counsel was further advised that the seniority dat-

“ing of petitioners et the South Louisville Shops was as of

February 18, 1957. P > ;

11. Under date of April 1. 1957. Marshall Po Eldred.

eounse] for petitioners, Wrote anil niailec to the following

general officers of the carrier, to-wit:

John EF. Tilford, President.

Z. E! Scott, dr.. Assistant 10. the Pre side nt.

W. H. Kendall, Vice-Preside mt In Charge of Oe raiion.

c -

>. .

Adjustment Board Award No. 2899 <>

W. S. Scholl, Director of Personnel.

J..F. Ryan, Chief Mechanical Officer.

W. R. Winkler, Superintendent of Louisville Diyision.

a letter advising such general officers of his representa ion

_of petitioners, “Sajid Tetter niadé reference to Balletin= came

39, 40, 41 and 42 and-adyised that petitioners had therealter

protested the carriers action in writhng to master mechanic,

J. A. Parrish, with a copy to the respective general chair

man. Said letter further advised that petitioners had re-

ceived no response to their protest, that the same Work was

being carried ‘on in the South. Louisville Roundhouse dis-. *

trict as before except that said work was being done by men

whose seniority standing .was junior to that of petitioners.

“Said letter also referred to counsel's letter, off March 4.

195%, to Mr. Parrish and Mr. Sehoil’s reply of March 29,

“1957. ‘Fhe general officers of the carrier named above were

further advised in said letter that petitioners had suffered

an unauthorized and illegal loss of their seniority hich

had been aequieseed in and age ed te by the unions repre:

senting their crafts. Said letter requested that petitioners

be granted a hearing on their protest and that they be re

stored to the seniorit® and jeb= held byethem prior to Feb.

~_rmary 18, 1957, with full restoration of any pay lost since

that- date. Copies of stid letfer were sent te:

W. W. Smith. Geveral Chairman of the Interna:

tiortal Assotiation of Machinist-.

Herman Webbs General Chairman Internationad

Brotherhood of Electrical Workers, | : 2

J. Hugh Whelche!, General Chairman Sheetmetal

Workers Internsetiorial Association, ;

Ray Abner, General Chairman Brotherhood of Rail-

way Shop Laborers. os

re nee ee oe

+ de

® | li.

Adjustment Board Award No. 2599

2.- In respoaise to-counsel’s fetter referred to in the

i paragraph, said-counsel rece ived trom: Mr. Job:

-E. Tilford, the carrier's president, a letter dated Ngral 4,

1957, adyising that he would have the matter looked. inty

and an invesfigation made.

13. Ta a further a Wis Wrr te—aanuse L's letter at Apri i.

1997, counsel ree eived from H. G. Bre tZ, un Assistant gen

eral attorney for ‘carrier, a letter dated April 24, 1857,

advising that when all mechanical operations of the South

Louisville Roundhouse were, discontinued, all positions in

that seniority district were abolished by latletin. The let

ter further advised that the carrier's action in so dding. as

well as all of its subsequent ac tions, were “trict!y ib accord

with the respective bargaining agreements.” Tn-th\s le ‘iter.

the carrier declined to comply with the requests contais red

—in counsel's letter of April 1, 1857, addressed to thi cal

rier’s general officers.

14. About the vear 101 the South Louinyille Revturie

house Was constructed. . About the year 1s the back hoops,

ow known as the South Louisville Shops, Was con-triieted,

Since that time and vntil Febru: ary. Ise Tor, re path tG

locomotive *s have been done boy “he "m4 tWo ditt. yent sh ps,

known respectivy ly as the roundh ouse and the back shop,

aud a seniority roster-for man Vears has been maintained

for each craft at the South Louisvitic roundhouse and the’

South Louisville shops. Bach was supervised by its own

° .* * § . .

Inaster mechanic and the two master theehanies were me

sponsible to the superinterident of machinery or Chief te

chanical officer.

lo. The Wock done by the roundhouse fapee has. been

Sight repairs, Tunning repairs and daily, tnonthly, semi

annual and anual in ispeetions. The heavy repairs were

done hy thie back shop forces,

—_—

18b -

ote :

Adjustment Board Award No. 2899

16. For more than fifty years the boundary line be-

tween the roundhouse and the back shop has been reeog-

nized. It comprised a board fence which stood east of the

short line mains as they existed until 1956, at which time

the short line’ mains were moved to the west a short dis-

tance and located just east of-the site of the roundhouse.

The back shop has always been and is now east of this

fence. The roundhouse was west of this fence. In 1948,

inspection and’ vork pits were constructed west of the

boundary fence near the roundhouse and just east of the

present location of the short line mains. In 1956 new in-

spection and work pits were constructed west of the boun-

dary fence and on the-site of the-short line mains as they

existed prior to the move referred to above. A pertion of

the boundary fence was then removed adjacent to these new

inspection and work pits. |

17. About 1949 th arrier had aequired so many diesel

engines it became necessary to construct new facilities for

making repairs. A shop known as the diesel shop or Shop

-No. 17 was then constructed about 100 feet east of the

-boundary fence. All of the work, thereafter nee a

diesel shop, to-wit: light repairs, running repairs an ¥.

monthly, semi-annual and annual inspections, was the same

’ work that had been performed in the roundhouse and a part

of which continued to be done in the roundhouse until 1156.

When the carrier completely diesclized its Louisyille Divi-

sion, it became necessary to install new facilities to handle

inspection, general servicing and running repairs of its

diesel engines at the roundhouse. The rasult was the eén-

. struction of -tl » inspection and work pits referred to in

Paragraph 16. Since November 27, 1956, petitioners, con-

stituting the roundhouse forees, have been performing the

inspections, servieing and running repairs at these new

Pe ate

19h"

Adjustment Board Award No. 2899 -

pits, maintaining their original Seniority rating until Fe

ruary 18, 1997.

Is. On July 1,. 1956, J. A. Parrish was the inaster

mechanic of the Louisville Division and as Such in charge

of the roundhouse forces and W. C. Rollings wax master

mechanie in charge of the forces at the back shop. On thet

date the carrier extended the jurisdiction of Master? Me-

chanie J. A. Parrish, by ineluding within his jurisdiction

the servicing and making of light and running repairs to

diesel engines at the diesel shop known as’ Shop No. 17.

Notice of this was issued by the earrier under date of July

1, 1956, signed by W. R. Winkler, superintendent, and ap

proved by J. FL Ryan, chief mechanical officer. “a

19. Prior to February 18, W57, petitioners who are

machinists performed duties of which the following are

typic al and illustrative:

(a) Inepections of: Air brake equipment; Wind-

shield wipers; Horns; Bells and bellringers; ne puny

governors; Air compressors; Engine governors; Rim-

ning gear and safety appliances: ia sd hoxes Oil and

¢ rankease,

(b) Cheek of: Federal forms in engines and mile

age cards for proper dates and for making ‘record re-

port; Speedometer readings and making record report;

Wlicel> for flat spots; Train control brike test; Unit

to unit application and: release brake test: Air and

water leaks. 3 Real se

(¢) Repairs to or replacement of: Locomotive goy-

ernors; Injectors, nozzles and. fuel pumps: [nspection

plates and gaskets; Test valves: Nugent lubricating

oi! filters; Bronze filters; Full tlow fuel filters; Water

a Shutter assemblies; Thermostats; Engine dir

filters; Car body filters; Speedometer and cables =; Valve

tape ts: Brake shoos; Gaskets in supere tharess: Brake’

Jevlinders: Pistons: P acking cups and springs

| 20b°

' Adjustment Board Award No. 2899 ~*

90. Prior to February 18, 1957, petitioners who are

sheetmetal workers performed duties of ‘which the follow-

ing are typical and illustrative: :

Check, repair and renew sand pipe. and line to rail. ©

Remove, repair and check bleeder valve, control

valve, relay valve, operating valve and clean out wet

and stopped up sanders.

Change fuel oil strainers. 4”

Replace missing oil caps. | : a

Replace missing water tank caps and clean and re,

pair water gauges. | .

Clean and repair water glasses on ‘egpansion tanks

and renew valves and glasses. | | a

Inspect all pipe work on diesel engines.

Repair water tanks and toilets on diesel engines and

fill tanks with water. <9 te

Open stopped up sumps and drains on diesel en-

gines. |

Disconnect air pumps, governors, shutter cylinders,

‘air magnet valves and anything to whick a pipe is con-

nected. .

Remove and replace all coverings over pulleys ahd ©

- belts. my . Mis |

Inspect and renew all rubber hose on-disel engines.

Renew and repair steam heat connectors on passen-

‘ger engines. P ars

Inspect and yenew all hose connections between

units. - Paes

Repair sandbox doors and replace same,

Repair bands on exhaust manifolds.

Remove and replace thermostat controls on engines.

Make service runs over the entire Louisville term-

inal in order to make repairs on switch engines.

Make service runs to 10th Street for repairs on-in-

coming passenger engines. S ~

Repair and renew all air,.sand, water, and oil hose

at Roundhouse. ; }

Open sand pipe to sanding towers. *

<a ; oe }

" & 21b

Adjustment Board Awtird No. 2899-

Do all welding and brazing for the pipe gang.

Inspect, test and repair all work on steam gen-

erators. *

Cut engines out and in at 10th ‘Street, cut and couple

units and check air.

Check and put oil in steam generator water pumps.

Repair water jumper connections on Alco engines.

Remove water pipe and hose on top of all Alco

engines and renew gaskets for same.

Remove and.replace all gratings, louvers and panels.

Drain cooling system when necéssary for repairs.

Take samples of water for chemical test and add

water treatment éompound when needed.

Remove and feplace defective hot water cab heaters.

21. Priortto February 18, 1957, petitioners who are -

electricians: performed duties of whieh. the followi ing are

; typic al-and illustrative:

Make daily, mo: ithly and semi-annual inspections

of radio cabooses, ineluding checking battery. gravity

and battery straps.

Test radio and check ‘alternator belts, visual. in-

spection of terminal belts, voltage regulators and pilot

lights.

Test walkie- talkies and replace batte ries and an-

tennas when necessary.

_Make out montlily inspection cards.

we “Cheek - battery, cells with volt meters and hydrom-.

eters. ;

Waslr batteries and flush when nece essary,

Cheek brushes in alternators. ; 7 <

Blow out equipment with dry air afd grease idlers.

Check locomotive radios for transmission and re-

ception. :

Replace brushes in motor pe a sets.

Replace defective transmitters, power supply and

receivers.

Check train. control work on diesels.’

TW x

22b

Adjustme nt Board Award: No, 2599 :

" Cheek and ‘inspect. diesel. locomotives for lighting,

spare lamps, fuses, generators, alternators, power con-

-tacters and. interlocks, reverses, resistors, air com-

_pressor presstre switch, fuel punrps, load regulators,

“jumper cables, throttle operation, .

In Strawberry Yards maintain two—o90 horsepower

moters and eutroller, one fuel stations pump motor

and inaintain tower lights and all building light.

In main yard office maintain one fuel station pump

motor and all building lights.

Maintain all lights in Central Avenue building and

race horse platform lights.

In east Louisville, Thaintain fuel station pump mo-

tor anid one—20 ton overhead erane and all building

lights. el ge

2 Prior to-February, 18, 1957, petitioners who are .

laborers pert ‘ormed duties of which the following are typ-.

‘Geal and illustrative: ae

~ Operating. sand ear; Fuel ling diaietn: Hostler lielp- -

ing; Diesel cleaning and running for parts to and from

storeroom. af 4

23. On and prior to *Bebruary 17, 1957, the work de-

tailed in the preceding paragraphs was perfor med by pe-

titiouers in the roundhouse and on the inspection and work

pits constructed about the year 1948 west of the boundary

>t fence and west of the’ short line mains as located until re-

cently moved to, their Sprese nt location just east of the

roundhouse site From November 27, 1956; to Fehruary

IS, Tf M, the work was done by petitioners at the new in-

spection and work pits located af the site of the old short

line mains west of-that section of the boundary fence which

was torm down, at the time of the construction of the new

pits. NV portion of this werk was also done by the petition-

-ers in the South Louisville roundhouse until it was torn

down, and’a portion ‘has been done at 10th Street Station,

: 23b

Adjustment Board Award No, 2899

and, with respect to ow itch engines, ‘all over the. Louisville

terminal. Since February 18, 1957, the same work has been:

~ done on the new inspection and work pits constraeted in

1956 at-the Site of the old short line mains and west of the

"site of the boundar: ¥ fence which was torn down at the time

. of the construetion of tlie pits. Portions of the wérk are

also done at 10th Street. Station and, with respect to switch

engines, all over the Louisville terminal. Some of this work

is now being performed by employes Whose seniority is

junior to that of petitioners and who have never held sen-

iority in the -,oundhouse district. Much of the, work is

still being performed by petitioners on less pre ‘ferable shifts

than those upon which they were formerly employed and

alk of petitioners are, performing substantiadly the sang

-work as they did before but with seniority dating oe

from February 18, 1957. :

24. The following tables show the names of. petitioners

who did this work prior to February 18, 1997, their true

seniority dating, the name of the employe by whom this job

has been taken andthe seniority dating of the employe. now

doing the work:

MACHINISTS

Name of Employe

‘*Name Seniority Taking Job erie

J. D. Masden ‘820/22 KE. C. Grayson 116.53

E. H. Miller 8/22/22 R. L. Masden . 1/23/37 :

R. C. Polk . 9/27/22 A. Bingham 10 18 54

F. . Ernst . * 9/19/22 R. D. Cummings <1 27°55

OW. J. Dietchman 10 6 22. J. Phillips 8/17 54

C. : Frie nd °"10/.7/22 QO. Pennington 120 6.55

“PC. Litsey 1011/22. J.P. Hayden , 5 23.45

J. W. Welsh 11/20/22 J.C. Litsey 2 18,37

. 0. C. Lee 12523 A. E. Fleig 4 21-51

OH. W. Olges -3/16/23 L. (. Hagan 218 57

C.J. Dietsche © 3/29/23 0. B. Ross 7 2 4/36

Joseph. Lord 4/2/23 -J.W. Welsh *- 2 18/57.

> al

aed.

j). A. Masden

5 &

Ag é

AdjustmentyBoard Award No, 2899

Name ef Employe

Name Se niority - ‘ Taking Job Seniority

vt. KE. Reiter ' 7/26/23 J. (. Lloyd — 10/11/56

G. C.Anderson 9/18/23 @. R. Friend 2/18/57 |

I.. (. Hagan 1 (22/36 i W. Olges. 218/57

Kf. BE. Holselaw 1-22 36 _W. Metealf 2 18/97

H. B. Briley: i 36 G. (Anderson 218/57

_ RR. C. Sarver 1/22/36 W. A. Moore. _1/ 4/ot

J. FL Sheeley 12, 1/36 O. C. Lee ~ - 23/18/30

Gi. W. Metealf 7/1/41 - E. BE. Holselay = 2 18 94

SHEET MET AL WORKERS

Alanzo Taylor 12/15 23 W. L. Thompson 10, 27 /36

R. L. Fotle 6 15/25 W. D. James 2.18/07

Gico. ar: grist 6,10, 28 T. L. Roden *- 9/ 1°96

W. D. James 1 26/36 Geo, Siegrist” 2718/57

K.L. Putman = 12) 7 36 ‘R. L. Fowle- 218/57

Lerey Wines 3/2 : 4s J. A. Masden 2 18/57

}, A. Ballou 4 50-45 Leroy Wines ¢ 2718/57

» 1/48 > 15,00

B. L. Bureh

ELECTRICIANS

~1) Go

Gi. Ht ‘arle rs 11 “3.39 J.B. O'Brien 1/29/32

ALP. Roth 1 20 43 kK. V. Krol ° - 6/31/56

A.B. LeMaster. 2.23/00 R. G. May 11/ 4/58

JW. Ritter 9 29/51 G. H. Farley. 2/18/57

4). ke. Heffner 1/13/52 Cc. F: Anderson - > 8 4/0

L. W. Steel » 26/52 L. Merrifield 2 18/5

H. Johnson 3/ 7/33 A. P. Roth 2/18/95

L. Mervitield, 7 16,56 M. ‘T. Irvin 2/18/95

L. Gl Lewis Upgraded Bs :

' Electrician 4 22 a3 J. A. Fuchs | ~ 11/.1/55

LABORERS ~ vo

ae Py Ferrell § 19 22 °- Same Job 2/185

» EE ORhner 10 6/22. ~ Same Job 2/185

* WA. Foley 1/2023) -* Thadis Day 10 115

4. ¥.T. Wells 313/23 E.G. Bush - 3/ 37

» C.ACarter® 4/ 3/23 Sam Holsclaw 1/(4/2

6. ‘T. Gill 5 16/23. °. Same Job « 2 185

Adjustment Board Award No.

Name

. Mek. Cross*

7 °6/25/23

8. CW. Jones 9-1)

a. Ray Reynolds 9/ 7/23

10. H.S.Gentry 51 4/24

11. Menry Harris 2 6 24

12. Jos. M. Gordon 223/24

13. Karl Simpsen 3. 18 ‘24

14. Sam Adams = 4.-:13,/24

15. J.E. Williams 9 24 24

16. C.K. Ewing - 6 16/24

17. C.E. Cowman 8 2024

18, Jackson Fry 8 29/24

9: CLA: Wiley = 10-24 24

20, D.L. Boone ; 12. 1

21. F. B. Hickman 5/27 25

22. J.D. Barnes’ 10.17/25

23. Robert Baliard 2/ 1/26

24. Manuel Welsh 3) 3/26

25. Alvin Laird a/ 4/26

26, Revel Williams 5, 17, 26

27. JG. MeGill 9/24 26

Seniority .

34 -

25ly

2899

Name of Employe

Taking Job

G. HH. Johnson 6

Same Job 2

‘Promoted to Boiler |

Shop

Same Job 2

Same Jo's 2

J.T. Berton

Sane Job 4

Same Job 2

M. ('r OSS Y

Same Job 2

Killing Vacations 2

Filling Vacations 2

Jeff. Jackson

~ Filling Vacations

)

Filling Vacations 2/

‘18/97

18/07 -

Filling Vacations 2

Seniority

6/22

S/T

‘18/57 ©

18/57

r) --—

18 OK

18 57

18/57

i954

18 57

18/57

18/57:

18/57

8/97 ‘

*Carter and Cross, while replaced by men senicr to them, now

hold seniority, in their craft,

of February 18,

1957.

All of the ©

laborers above named, whether replaced by senior men, or by junior

men.-or Whether doing their same work, or Whether filling vaca-

tions, have a new seniority dating of February 18, 1997.

26b

Adjustment Board uiward No. 2899

POSITION OF EMPLOYES: 1. Itvis the position of

petitioners that they have been deprived wrongfully of

their seniority by the earvier and by the uiffons who repre.’

sent their crafts in the failure of the earrier, with the ap-

yroval of the uniows, to dovetail their seniority with the

seniority of the men on the roster of the Sout. Louisville

shops, the same work, to-wit: inspection and running re

pairs and cleaning of diesel engines, is ow being done and

has been done since February 1s, 1957, at the Satie place a-

was done before. Prior to February 18, 1957, petitioners

did this work with seniority as shown on the South aout»

ville roundhouse roster. Since that daie many of the pet:

tioners are doing the same work at the same place but on

“Jess preferential shifts and with seniority dating only from

February 18, 1957. Many of the jobs done by petitioners

prior to February 18, 1957, are now being done by men

.junior “il seniority to them and who hold seniority on the

South Louisville shops roster.

2 The effect of the action taken by the carrier is this:

the same work is being done, the same men are working,

yot all of theta at the same job‘or shift, but in the shuffle

petitioners lost their seniority. When they left work on

February 17, 1957, they had their original seniority. When

they returned to work on Februar 18, 1997, they had no

seniority. The earr ier reduced forces on February 17, 1997,

and restored forees on Febr fiary 1s, 1997. In the restora-

tion, petitioners were not restored to service in ae ‘cordance

with thei seniority, as provided in Rule 26(g) of the skilled

agreemiel nit and rule 14(c¢) of the unskilled agreenrent.

Petitioners do net claim or contend that the earrier

ay no right to abolish the roundhouse .and to consolidate

the work tlieretofore done by roundhouse forees with the

work theretofore performed by the South Louisville’ shops

forces. Petitioners recognize the right of management in-

‘the interest of economy or efficieney to combine jobs but

a" 27b |

Adjustment Board’ Award No. 2899

They contend that where thé same type work is being done r

at the same jocution that it is a violation of the agreements

to deprive petitioners of their true-seniority and arbitrarily

assim to them a seniority dating, only from February 1s,

1957. ee sy

4. Petitioners do not contend that they are entitled to

perform the work of inspecting, cleaning and. making of

running repairs to diesel locomotives to the exclusion of the

men ‘on the ‘South Louisville Shops roster. They do eon-

tend that their names shotld vo on the South Louisville -

shops roster ac cording to their true seniority-and that their

seniority standing should he dovetailed in with the stand.

ig of the employees whose names appeared on the South

Louisville shops roster on- February 17, 1957, and that in

accordance With such seniority they continue to do the work

they did prior to February 18, 1957. .

5. The following -provisions of the’ skilled employes’

agreement which heeame effective September 1, 1943, and

has been revised to F ebr vary 1, 1952, are pertinent to peti-

tioners’ claims. .

Rule 29 of that agreement deals with se niority and reads

as follows: :

“Seniority of each emplovee covered by this agree-

ment wil) begin from the date and time the emplovee

starts to work.”

Rule 290b) provides that seniority witl be confined to the

point emploved-and provides that at Lonisvillé, Kentucky,

seniority rosters for’ machinists, shee tet al workers and

electricians will be maintaived at the South Louise ille shops

avd the South Louisville roundhouse.

Role ob ) prov ides that seniority rosters will he re ised

iy faniary af each vear, and will he open to protest and

28b 4

, Adiustment Board Award No. 2899

Rule 26 deals with reduction in foree.

Rule 26(a) reads as follows:

y to reduce expenses, the

“When it becomes necessar

feree at any point or in any department shall be re-

duced, seniority as per Rule 29 te govern; tlie em-~

ploves affected to take the rate of the job to which

they are assigned.” ° .

Rule 26(¢) reads as follows: —

“When employes laid off by reason of foree reduc-

tion desire to retain their seniority, they must file their

‘naine and address with the officer in charge and their .

local chairman not later than 10 days from date cut

off.. Forms for this purpose will be furnished, to be

filled in by the ent-off man, 1 copy for the local. chair-

man and 1 copy for the officer in charge, each of whom

will ‘furnish the man a receipt for his notice. The em-

ploye will be responsible for advising in similar mat-

ner of any vi address.” . :

Rule 26(d) reads as follows:

_ “Employes whose positions are abolished may,

within 4 days after notification, exercise their seniority

over any junior employe in their classification. Other

employes displaced may exercise their seniority in the

same manner. Four calendar days notice will be given

the employes whose positions are to be abolished, copy

to be given the local chairman. Employes exercising

seniority under this paragraph will not be granted

leave of absence until they have satisfactorily qualified

for such jobs.”

Rule 26(g) reads as follows:

“In the restoration of forees employes will be re-

stored to service in aceordance with their seniority, if

available. Failure on the part of the employe to notify

proper officer and local chairman within 10 days after’

29)

Adjustment Board Award No, 2899

notice has been mailed to last recorded address of in-

tention to return to work, will be sufficient proof that

the employe does not intend to return to work, and_hbis

name will be stricken from the seniority list. In case

of sickness or other good eause proper leaye of absence

will be arranged. Copy of. notice sent to employe to

return to work will be furnished local chairman. Local

chairman will also he furnished list of -all employes to

» be-restored to service.’

6. The following provisions of the unskilled employes’

agreement which beeame effective June 1, 1942, and has

been revised to February 1, 1952, are pertinent, to peti-

tioners’ claims. oe

Rule 10(a) reads as follows: -

“Seniority of employes will be computed from the

‘date the employe’s pay starts provided he 1s employed

on sixty days in a period of oie year.”

-Rule 9(a) provides that seniority rosters will be com

piled b¥ seniority districts and show the employes’ dating |

in each ‘rank to whieh he is entitled. .

Rule 9(b) provides that seniority roster r= will be-revised

in January of e¢ ach year and will be ope to protest and

correctjon for a per da of sixty days.

Rule 13(a) reads as follows:

“When foree is reduced, the senior employes inthe

seniority subdivision shall be retamed, tinless the Man

agement and the Committee agree that a, senior man

is not qualified.” :

Rule 13(¢) reads as follows:

“Employes whose positions are abolished may

Within four days; and-employves, having line-of-road

seniority may’within ten days, after notifieation that

their positions will be abolished, displace any jumor

30b 5

sGuatendat Board Award No. 2899

emplove decording t their seniority rights whdor this

agreement. Other employes displaced thay “exercise

seniority | in the same order.” ;

eo —_—

Rule 14(a) reads as follows:

“When employes laid off by reason of foree redne-

tion desire to retain their seniority rights, they must

file their address not jater than ten days froqn time ent

off. A form for the purpose will be furnished i in dupli-

cate, to-be filled in by the cut-off man, ene eopy to

the Local Chairman and the original for the Master

Mechanie (or the Assistant Master Mechanic or Gen.

eral Foreman if there be no Master Mechanic), which

officer will give the man receipt for “his notice.”

. Rule 14(¢) reads as follows:

. “In the restoration of forees laid-off men will be

returned to the service in the order of their seniority.”

7. The reduetion of forees by the carrier on February

17, 1957, discontinued the jobs theretofore performed by

roundhonse vorees. The very next day the jobs were re

stored and the work theretoforesdone by roundhousy forces

was continued. These jobs were permitted by the earrie:

to be bid in by men from the South Louisy ille- shops regare

less of ‘seniority standing as éompared to petitioners, but ;,

petitioners were not allowed to bid on the jobs. The job-

that were not bid on were then assigned by the earrier te

petitioners with a new seniority dating Of ‘February 1s,

1957. This i+ clearly a violation of Rule 26(¢) of the skilled!

-agreement and Rule 14(¢) of the unskilled agreement

s. When the carrier purported to discontinue all round

“house jobs at the close ot thy thine shift on February 17,

Wo7, petitioners’ names appeared on the roundhouse sen

iority roster, Notwithstanding the purported diseontinn

anee of all roundhouse jobs, the earrier Seelysiws the

roundhéuse seniority roster intact. On Mareh 25, 1957, the

: . Oth , ace .

Adinstment Board Award No. s99 °

earrier’s director of personne] advised counsel for’ peti

tloners that =<Cnbor itv rosie were being maint ined for the .

roundhonse district and that the men w ied names appeared

thereon hast the same standing ow Mareh 25, 1957, and Feb

rnary 18,1957, as the y had prior to the: ass date. If the

carrier purported to discontinue all roundhouse’ work, why

were roundhouse@osters maintained Sibsequent therete?

% Summing up. it is the contention of petitioners that

under the rules in effect in both the skilled amt nnskilled

agreements, petitioners have been deprived of their senior

itv in violation of such agreements in thats

"(1) Petitioners’ hold seniority: in the South Lonis.

Ville roundhouse district covering thé entire area west

of the boutidary fence or the line on which. the boned

ary fence. stood for-more than: fifty Vears between the

back shops and the roundhonse.

(2) The work whieh petitioners have Pie Tae for’

many vears in the roundhouse district COMprises iy

spections, light repairs, rupning ee pebe and cleaning

af diesel engines, work whieh prifyy to February” 1s,

1957, had not been done bye the back shop forces,

(3) Since February 18, 1957. the type and characte:

of the work and the place of sneh work theretofore

- performed by petitioners hive remained the same.

(4) The purported reduction of forees in the round

house district did not result in the -eurtailment of ans

of the work theretotore pegtormicd by the roundhouse

forces. Men from another district, the South Loui-

«Ville shops, were pe rmitted Jo bid) for these job. and

" petitioners were not permitted to de so. As a resnit.

men whe were awarded these jobs have: loss SenLority

than petitioners. Where Jobs were not bid in, peti

toners were assigned to then by the earrier on the

basis of seniority dating only trom February EX, 1957.

— (9) The agreement~ beeing reduetion -of forees to

be on the basis of seniority. The seniority of peti

‘tioners was not protected in ‘the purported reduction

of forces. :

32b

Adjustment Board ind Pt 22889

(6) Actually there was ne sisliaebi of forces in

-asmuch as the same work continued to be done in the

same places. If there was a reduction of forces, there

was an immediate restoration of forces.

(7) The agreements in force require the restoration

of forces tobe on the basis of seniority. The senior itv

of petitioners was not protected i in the restoration of

forces. ‘

(8). In short, petitioners have been depriv ed of their

seniority in violation of the agreements.

"10. All data contained in or attached to this submission

in support of the position of petitioners has been presented

to the earrier in connection with this dispute.

(1) Bulletins 39, 40, 41.-and 42 were protested in *

writing to the master mee hanié of the carrier hy all of

‘the petitioners.

(2) The placing of petitioners’ names at the bottom:

of the South Louisyille shops: reste? was protested by

each of petitioners to carrier’s master mechanic.

(3) The seniority standing of petitioners. m the

‘South Louisville roundhouse district from and after

February 18, 1957, was requested of the earriem by

petitioners’ counsel and advice with respect to. sph

ringuiry was given to petitioners” « counsel by carrier” =

director of personnel. :

(4) The deprivation of -petitioners’ seniority was

called to the attention of the general officers of the

earrier by petitioners’ counsel.

(5) The carrier is a party signatory to the skilled

and uuskilled agreeme ants adel familiar with their pre

visions dealing with the protection of se niority of its

employes.

WHEREFORE. petitioners demand:

1. Consideration of their submis<ion hereinabove set

forth:

2” An oral hearing of their dispute;

“Th .

bab

Adjustment Board Aas No. 2899 -

3. An award by the Second Division of ‘the National

Railroad Adjustment Board requiring the carrier to restore

petitioners to their same seniority held prior to February 18,

19957, with the right on the part of petitioners to pertrom

their same jobs performed by them prior to said date,’

and requiring the carrier te ‘pay to petitioners for any

time lost as a result of the deprivation by the carrier ot

si seniority ; :

All other relief to which. petitioners may be entitled.

«r

“

‘

@..

CARRIER’S STATEMENT OF FACTS: Under date

of February 15, 1957, foree reduction was made at the

‘South Louisville, Kentucky, roundhouse under the provi-

sions‘ of Rule 26 of the shopmen’s skilled agreement. and

Rule 13 of the unskilled agreement (International Brother--

hood of Firemen and Oilers), with all assigned employes

eut off.

POSITION OF CARRIER: (arricr denies that peti-

tioners have been denied their sentority rights. Rednetion

in force was made consistent with the provisions of .the

applic: able agreements and petitioners still retain the senior.

ity rights held by them in the South Louisville roundhouse

seniority district.

At the time of the reduction in force in the. South L Ouls-

' ville roundhonse thy affected employes made application

for transfer to the South ‘Lonisville, Kentucky, shops. ”

Effective as of Febrnary 18, 1957, the petitioners were.

placed_on job assignments and established seniority in the

shops as of that date and in accordance with enrrent agree-

ments. They were placed on the seniority roster in their

; respective ¢| lassifications in the order aft their standing on

the roundhouse roster. a"

34b Le, Th

Adjustment Board Award No. 2899

There is no rule either in the skilled or unskilled agree-

ments with ecarrier’s shop craft employes which permits of

dovetailing of the seniority rosters as suggested by the

petitioners. a | 7 ‘

On January 28, 1957, representatives of the carrier held

a conference with all of the shop craft representatives com-

prising System Federation No. 91, AFL.’ At that confer-

ence these representatives were fully apprised as to the

details of the force reduction. Various rules of the ap-

plicable agreements were discussed and it was understood

that the action to be taken constituted no violation of :the

bargaining agreements as interpreted by the carrier and

System Federation No. 91, AFL. ; ;

Rule 145 (a) of the current. shopmen’s skilled agree-

ment provides: ~ nae

“The right to make agreements covering rates of.

pay and working conditions, and to interpret and

apply them, respectively, for the management and the

employes herein covered, is retained by the parties

signatory thereto. When settlement is not reached by

negotiation, the matter concerned may: be pursued by

further handling under the provisions of the Railway

Labor Act.” | i

Rule 145(b) of that agreement provides :

“The Director of Personnel for the railroad and the ~

General Chairman for the employes, have’ authority to

_ reach’ decision on any dispute, grievance, controversy,

or difference of opinion affecting this agreement in any

m&nner whatsoever, whether the case comes to them on

appeal or otherwise. Decision reached on any such

question by mutual agreement under this rule shall be

final, and shall not be open to any question thereafter.”

‘

Rule 32 of the current shopmen’s unskilled agreement

provides. he

ed ed 7 35b

' Adjustment Board Award No. 2899

“The rights to make agreements covering rates

of pay and working conditions, and to interpret and -

apply them, respectively, for {he Management and the

employes herein covered, is retained by the parties

signatory thereto. Whyn settlement is not reached by

negotiation, the matter concerned may be purrued: by

further handling under = provisions of the Railway

Labor Act.

. The Director of Peripnriel for the railroad, and the

_ General Chairman for ‘the employes, have’ authority

to reach ‘deeision on any dispute, grievance, contro-

versy, or ditference of opinion affecting this agreement

in any manner whatsoever, filed by the employe or em- -

Ployes, whether the case comes to them on appeal or

otherwise. Decision reached on any such question by

mutual agreement under this rule shall be final, and

shall not be upen to any question thereafter.

General rulings or interpretations will ‘not be made

on this agreement, except in conference held between

- the Director of Personnel, for: Management, and the

General Chairman, for employes concerned.”

There, is no dispute between carrier and System Federa-

tion No. 91, AFL, cancerning petitioners involved in the

South Louisville, Kentucky, roundhouse force reduction.

There is, therefore, no merit to the request of the peti-

tioners and it should be denied. ;

La)

¢?

— ' “86b

\ . ts

Adjustment Board Award No, 2899

‘FINDINGS: The Second Division of the Adjustment

Board, upoii the whole record and all the evidence,. finds

‘that: . ;

The carrier or carriers and the ‘employe or employes in-

volved in this dispute are respectively carrier.and empleye

_ wWithinethe- meaning of the Railway Labor Act as approved

* June 21, 1934.

This ‘Divides of the Adjustment Board Has jurisdiction ,

over the dispute involved herein. ° ;

The partiés to said dispute were given due notice of

‘hearing thereon. :

The grievance herein involves consequences flowing

from the closing of the South Lonisville Roundhouse, a

sepifrate seniority point of the carrier, The claimants in

Docket No. 2787-1 are employes ot the South Louisville’

Roundhousé, and they advance the primary aim that they

are entitled to be dovetailed in seniority with: ‘employes

of the South Louisville Shops, another separate seniority

point. pee

Seniority rights, including rights to have seniority dove-

tailed, are created or extended solely by contract or agree-

ment negotrated between the carrier and the duly accredited

representatives of the respect iveeraft or class of employes.

The record in Docket 2787-1 discloses that no agr eement

provision for the Govetailing ‘of seniority has been nego-

tiated, or agreed to by the carrier and the duly aceredited

employe representatives. The seniority rules of the current

collective agreement provide only for standard point senior-

itv, which ‘does not ci Wl for dovetailing of seniority when a

port is elosed’or abolished.

We ce no merit in tle contention of the claimants that

the Sov Lomisy iWe Rormdhouse was not in fact closed ar

Rondiyex@ was in bad faith or a subterfuge. When a

tot ae

Adjustment Board Award No. 2899

point is closed, the work theretofore performed at*that point

is often transferred to another point, and. from all that

- appears in the record, that is what happened in these

circumstances,

The controlling agreement han not been violated.

AWARD

C laim denied. % |

NATIONAL RAILROAD ADJUSTMENT BOARD.

By Order of

Dated at Chicago, Ilinois, this 30th day ‘of June, 1958.

PLAINTIFFS' MOTION TO AMEND FINDINGS OF

THE JEFFERSON (CIRCUIT COURT.

* ° ° * . e e o

Plaintiffs move’ the Court to strike from.the Court’s

Opinion of August 25, 1960 tiie last tw6 sentences in.the * —

first paragraph and to substitute i in its stead the statements

found below. < ma

: (s) Joseph B. Helm,

Attorney for Plaintiffs,

511 Marion E. Taylor. Bldgj <=. e

Louisville 2, Kentucky,

JIUniper 4-4356.

38b.

PROPOSED ORDER.

Tf IS HEREBY ORDERED that the last two sentences

contained in paragraph 1 of the Court’s Opinion of

August 25, 1960, be aud they are hereby stricken and in

substitution thereof the following sentences be inserted:

“ . . Plaintiffs allege that on February 17, 1957,

the L. & N. with the express approval of the defendant:

union penigperen en + on paper only, its Roundhouse ,

— operations where flaintiffs were employed but, in facet,

comtinued the same jobs at the same locations under

the jurisdiction of the South Louisville Shops seniority

- roster. The employees of the South Louisville Shops

were then given priority to bid on the jobs previously

held by plaintiffs, the bargaining representatives and

the L. & N. having reached the conclusion that plain-

tiffs would have to go to the foot of the seniority

roster of the South Louisville Shops,”

ENTERED this ___. day of September, 1960.

, t Judge.

OVERRULED.

' (s) Lampe, J.

’

PLA INTIFFS' MOTION TO AMEND THE JUDGMENT

OF JEFFERSON CIRCUIT COURT ENTERED SEP

TEMBER ‘12, 1960.

* . * # o . »

Plaintigfx, O. C. Lee and others, move the Court to

ansgid the Judgment entered herein on the 12th day of

September, 1960 by adding to said Judgment the attached

“paper entitled Amended Judgment.

Affidavits of plaintiffs, 0. (. Lee, Roy Fowle, and K. L.

Putman filed here with | are in support of this Motion.

1960.

‘day of September, 1960.

/ acai is AFFIDAVIT OF 0. C. LEE.

Affiant, O. C. Lee, yates that he is one of the plaintiffs

in this action, that the action is one for declaration ‘of

rights as against the defendants Louisville and: Nashville

Railroad Company, System Federation No. 91 of The Rail- ;

way, Employes Department) A.F.L.-C.L0., Liternational

-- Association of: Machinists, She wtmetal Workers Interna-

tional Association, International Brotherlivod of Electrical

Workers and International Brotherhood of Firemen, Oilers,

Helpers, Roundhouse and Railway Shop Laborers, as to

interpretation of contracts between said deferdant Unions

and the defendant, Louisville and Nashville Railroad Com-

pany, and for an accounting for: wages for time lost and

for expenses.

Affiant says that tlfe claims as to interpretation of said

contracts involve seniority rights of plaintiffs under said |

contracts, priority in jobs thereunder, priority in n working

hours, and in selection of vacation periods and other rights,

all of. which rights are not translatable into monetary

valuation. - > | :

. eo * * _ ee * *

WITNESS: my signature thix 27th day of September,

? oe 3 (s) O. CL Lee.

SUBSCRIBED SND SWORN ta before me this 27th

My commission expires July 15, 1962.

: . (8) Joseph B. Helm,

Notary Public, Jefferson County;

Kentucky, :

he nes | £0b

' EXCERPTS FROM AFFIDAVIT OF ROY FOWLE.

Affiant, Roy Fowle, states that he is one of the plaintiffs

in this action, that the action is one for a declaration of

rights against defendant railroad and unions as to’the inter-

pretation of a con:ract as to plaintiff's and other's seniority

rights and for an acewunt for wages lost because of wrong

‘ful loss of =

WITNESS my signature this 3 day Oc tober, 1960.

(8) ‘Roy Fowle,

nee ; Affiant.

SUBSCRIBED AND SWORN to before me this 3rd day

of Octobe, 1960. |

My commission expires’ July 15, 1962.

‘ _ (s) Joseph B. Helm,

Notary Public, Jefferson Coupity,

Kentucky.

” Sis

;

41b

EXCERPTS FROM AFFIDAVIT OF K. L. PUTMAN.

7 * . . « .- **

' Affiant, K: L. Phtman, states that he is one of the plain-

tiffs in this action, that the action is one for a declaration

of rights against defendant railroad and unions as to the

interpretation of a contract as to plaintiff's and other's

seniority rights and for an accounting for wages lost be-

cause of wrongful loss of seniority.

+ 7. . . . * .

WITNESS my signature this 3rd day of October, 1960.

= (s) K. L. Putman,

Affiant.

SEBS ‘RIBED AND SWORN, to before me this 3rd

day of October, 1960.

My commission expires July 15, 1962.

(s> Joseph B. Helm,

Notary Public, Jefferson County,

; Kentucky. *

AMENDMENT ENTERED OCTOBER 6, 1960, TO THE

JUDGMENT OF THE JEFFERSON CIRCUIT COURT.

. * * * * * *

Judgment of this Cenek sikieed on thie 12th day of Sep-

tember, 1060.i< hereby amended to add the following para-

graph: . . |

if IS HEREBY ORDERED AND ADJIUDGED that

the amount in controversy as to éach of flee plaintiff~ is ini

excess of ¥206,00, exclusive of interest and costs, and as

to plaintiff., K. 1. Putman and Roy Fowle is inf excess of

$2:500.00 cach, exclusive of interest and costs,

42b

STATUTES INVOLVED.

- Section 3 First (m) of the Railway Labor Act provides

(45 U.S.C. § 153 First (m)):

Adjustment Board shall be stated in writing. A copy

of the awards shall be furnished to the respective .par-

ties to the cantroversy, and the awards shall be final

and binding upon both parties fe the dispute, except

insofar as they shall contain a m@ney award. In case —

a dispute arises involving an interpretation of the

award, the division of the Board upon reqnest of either

_party shall interpret the. award. in the light of, the

dispute.” — : .

Section 3 First (p) of the Railway Labor Act provides

(45 U.S.C. § 153 First (p)): !

“(p) If a carrier does not comply with an order of + :

a division of the Adjustment Board within the time

time limit in such order, the petitioner, or any person

for.« ‘hose benefit such order was made, imay file in the

District Court of the United States for the district in

which he resides. or-in which is located the principal

operating office of the carrier, or through which the

carrier operates, a petition’ setting forth briefly - the

eanses for which he claims relief, and,the order of ‘the

division of the Adjustment Board in the. prentises.

Such suit in the District Court of the United States

shall proceed in all respeets as other civil suits, except

that on the trial of such suit the findings and order of

the division of the Adjustment Board shall be prima

facie evidence of the facts therein stated, and except

that the petitioner shall not be liable fox cost- in the

district court nor for costs at any subsequent stage of

the proceedings, unless they acerue upon hisx anpeal,

and such costs shall be paid out of the appropriation

for the expenses of the courts of the United States. If —

the petitioner shall finally prevail hie “shall be allowed

45b

Statutes Involved

a reasonable attorney’s fee, to be taxed and’ eolleeted

as a part of the costs of the suit. The district courts

are empowered, under the rules of the court governing

actions at law, to make such order and enter such judg-

ment, by writ of mandamus or otherwise, as may be

appropriate to enforee or set aside the order of the

division of the AdjustmenteBoard.”

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.