Shaup v. Grand International Brotherhood of Locomotive Engineers

• Citation: 135 So. 327,223 Ala. 202
• Decision Date: 11 June 1931
• Docket Number: 6 Div. 811.
• Parties: SHAUP v. GRAND INTERNATIONAL BROTHERHOOD OF LOCOMOTIVE ENGINEERS ET AL.
• Court: Supreme Court of Alabama

135 So. 327

223 Ala. 202

SHAUP v. GRAND INTERNATIONAL BROTHERHOOD OF LOCOMOTIVE ENGINEERS ET AL.

6 Div. 811.

Supreme Court of Alabama

June 11, 1931

Appeal from Circuit Court, Jefferson County; Wm. M. Walker, Judge.

Bill in equity by H. T. Shaup against the Grand International Brotherhood of Locomotive Engineers and others. From a decree sustaining a demurrer to the bill and dismissing it complainant appeals.

Affirmed.

Drennen & Davis, of Birmingham, for appellant.

Cabaniss & Johnston, of Birmingham, for appellees.

GARDNER J.

The bill was filed by appellant a locomotive engineer employed by the St. Louis-San Francisco Railway (hereinafter for convenience designated Frisco) against the Grand International Brotherhood of Locomotive Engineers, an unincorporated labor union of which he is a member, the local division of the union, two nonresident individuals as officers of the union, and a resident officer of the local division. Complainant complains that he has been deprived of certain alleged seniority rights by action of these respondents, and seeks redress in the courts for a violation thereof.

We pass by as unnecessary to a disposition of the cause on this appeal those assignments of demurrer taking the point of a want of necessary parties, or the character of relief sought is unenforceable by the court, which may be conceded present rather doubtful questions, and other matters of pleading which may be readily amended, as we prefer to rest our conclusion upon the question of prime importance presented by the bill's averments.

Complainant was a locomotive engineer on the line of the Frisco between Amory, Miss., and Birmingham, which with a thirteen miles branch line from Amory to Aberdeen, Miss., constituted what was known as the Birmingham subdivision and a separate seniority district. In the course of time, however, the branch line of thirteen miles was extended a distance of one hundred and thirty-three miles, running through Columbus Miss., Aliceville and Demopolis, Ala., to Magnolia, at which latter point it is merged with the Muscle Shoals, Birmingham & Pensacola Road, which had been acquired by the Frisco system. It is averred that complainant had acquired seniority rights in the Birmingham subdivision, and was entitled thereby to certain preference in the work on said subdivision, and that, by reason of the above-noted extension, the work thereon was lessened. While the extension work was in progress, the locomotive engines were manned and operated by engineers of said Birmingham subdivision, but upon its completion, this extension from Amory to Magnolia began to be known as the Columbus subdivision. Thereupon the general committee of adjustment of the Grand International Brotherhood of Locomotive Engineers did rule and cause the Frisco Railway to offer and receive bids for seven engineers to run trains of said Columbus subdivision for the engineers of the entire Frisco system, and at the same time said railway, under the ruling of and caused by said general committee of adjustment, posted a bulletin for two engineers for said Columbus subdivision to be selected from engineers of the Birmingham subdivision by way of compensation for said Aberdeen branch. But, as we understand the bill, complainant insists his rights were invaded by reason of the fact that all of these positions were not offered first to the engineers on the Birmingham subdivision in accordance with their seniority of service, rather than only two of the places by way of compensation, and that the action of said adjustment committee was violative of section 35 of the standing rule of the brotherhood, which provides that, where one railroad or any portion thereof is absorbed, traffic diverted, consolidated, leased, or co-ordinated by another railroad, the engineers on the road, or any portion thereof, affected thereby, shall retain their rights in seniority on the roads absorbed, traffic diverted, or co-ordinated, and that, when it becomes necessary to readjust the service of the roads affected, the runs shall be manned by engineers in proportion as near as practicable to the mileage run on the territory of each road.

The engineers' schedule under which complainant worked was subject to change on thirty days' notice of either party that is, the railroad or the engineers, and it is averred no such notice had been given, and therefore the schedule remained in effect. It is further alleged that under the rules of the brotherhood such laws and regulations as the general committee of adjustment shall make must not conflict with the laws of the order, and that the action of said general committee in the instant case conflicts with rule 35 above referred to. For redress of his grievance, complainant made application to the Grand Chief Engineer, but without avail; the Grand Chief Engineer ruling that the general adjustment committee was acting within its authority in causing the Frisco Railroad to advertise to the system of its lines for said seven engineers, and that in so doing the committee has violated no rule of the brotherhood, with particular reference to rule 35. Whether comp...