NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-22217
(B. R. Johnson
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
STATEMENT OF CLAIM: "Whether Mr. B. R. Johnson has been denied his
rights under the collective bargaining agreement
to exercise his seniority to displace a junior employee when the hours
and rest days of his position were changed; and if so, the amount of
damages to which he is entitled because of this breach of contract."
OPINION OF
BOARD: B. C. Massie, Director of Labor Relations for the
Carrier, and R. F. Malcolm, General Chairman for
the Organization, entered into an agreement January 2,
1976,
which
provided in part:
"This refers to previous conferences relative to
changing the assigned starting time of positions
located in the Wire Chief's Office, Transportation
Department Roster, Huntington District, at Huntington;
West Virginia."
"The above changes in starting time and rest days
is being made in accordance with the provisions
of Rule 13, Section (d), with the understanding
that Rule 13, Section (a), will not apply."
The Claimant attempted to exercise seniority under Rule 13 (a).
The record indicates that a large amount of correspondence has been
exchanged throughout the handling of this dispute and the respective
positions of the parties are continually set forth in these proceedings.
Perhaps the contention of the Claimant is most succinctly set out in his
letter of April 12,
1976,
to Director of Labor Relations Massie, wherein
it is stated:
"As I understand your conference with Mr. R. F.
Malcolm, General Chairman, was in relation to
changing the starting time of the Wire Chiefs in
SR Office. According to our agreement this is
Award Number 22304 Page 2
Docket Number M-22217
"permissible as long as the entire office force's
starting time is changed and noone (sic) can
exercise seniority. This is plainly covered by
rule 13, sec. (d). But when rest days are changed,
this is a different matter entirely. Rule 13, sec.
(d) will not apply but Rule 13, sec. (a) applies.
I have been notified by the Company that I can not
exercise seniority as specified by Rule 13, sec (e),
but I am not trying to kick under that Rule but
under Rule 13, sec. (a) which states that any change
in rest days will give that person affected the
right to exercise seniority.
This case has been in progress far a long time and much
correspondence has been exchanged. However, the basic contention of
the Claimant is his argument that the General Chairman and the Director
of Labor Relations did not have the right to abrogate the provisions of
Rule 13, Section (a), in the agreement of January 2,
1976.
We assume that it is not possible for all agreements to
reflect the individual thinking of each member of the organization or
of each managerial employe of the Carrier. The Carrier establishes
lines of authority for its management personnel and although one may
disagree with his superior, he acknowledges the authority of his
superior in the decision-making process. Within the structure of the
Union, the membership elects officers to represent all of the members
in negotiating and servicing the contracts. The end result may not be
to the personal satisfaction of each individual, but so long as the
action of the officers reflects the thinking of the majority of the
membership, the officers are likely to retain their authority to
represent the group.
The Claimant does not agree with the provisions of the
January
2,,1976,
agreement, but the General Chairman had the authority
to enter into such.'agreement and this Board is bound to enforce the
same. As we read the agreement, the parties have determined that an
employe is prevented from acquiring displaceeat rights under the
particular situation set forth in the January
2, 1976,
letter. Therefore, the claim is denied.
FINDINGS: The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon,
and upon the whole record and all the evidence, finds and holds:
Award Number 22304 Page
3
Docket Number MS-22217
That the Carrier and the Employes involved in this dispute
are respectively Carrier and Employes within the meaning of- the Railway
Labor Act,. as approved June 21,
1934;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIOKAL RAILROAD ADJUSTMENT BOARD
64tAl~
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 22nd day of February
1979.