Those of you who have been following my sharing of the contents of the BRt
files know how impressed I've been w/Local Chairman J.R. Simpkins. Well in
the story I am about to describe he becomes Clarence Darrow. This guy is a
superstar.
For decades the rock solid agreement between the Q and the BRT is that if a
job is bulletined (advertised)while you are an acitve employee and you dont
bid on it then for the next year per Rule 79(of the Q/BRT schedule you cannot
bump(displace) the man who won the bids. Shoot,theres even a ruling in the
20s that if your on vacation,leave,etc and a bulletin opens and closes while
your off your locked off the job. Yes thats right.
in 1923 the full general committee representing all Q roadmen records a
ruling that if a man doesnt bid on a job that is bulletined in advance of the
creation of the job he cannot displace the winners of the bids until a year
has passed per Rule 79. By that it is meant a bulletin that for example
closes Dec 1 and the job starts to work Dec 2. As opposed to the more common
practice of starting the run on 12/2 w/extra men and advertising it until
12/12.
So this understanding assures the company and the union that when the job
goes to work(if advertiesed ahead of time) a regular crew will be in place
and they will stay on the run unless theres displacements elsewhere and those
men come onto this run.
The case:
On Nov.21,1945 trainmasters bulletin #151 (chgo Div) states that effective
12/2/45 the seven turn "Northern pool" is abolished and a new nine turn pool
will commence work on 12/2 w/outbound departures from CUS.Bid on the turn
you prefer (second sections are being aded to 49,51,44,and 50,which requires
more crews). Now under the long standing local and system agreements if you
dont bid on one of these turns by 12/1 you will not be allowed to bump anyone
who does and wins the bids for a year.
Brkmn O.F. Crable is on one of the seven turns but he doesn't submit a bid
on any of the new turns. On 12/1 the trnmst calls Crable as to where he will
place now that his job is abolished? Crable advises on one of the new turns
w/Condr Fuger. The trnmstr says oh no you dont as you didnt bid on any of the
turns. So Crable is w/o work and turns in claims(timeslips) for pay 12,3/4/5
as if he was on the turn he wanted. Of course the timekeeper and the Div Supt
turn him down per the agreements.
For some unstated cause(I supect a change in Local Chrmn) The case is not
appealed until Nov of 1946 to the general chrmn for all Q trnmn. He politely
but firmly advises Brother Simpkins that the claim is w/o validity per the
1923 genral committee ruling. Simpkins just as politely and firmly advises
that the ruling doesnt apply and asks the General Chrmn to reconsider and
advise. The general chrmn(Rasmussen) comes right back and firmly tells
Brother Simkins that the claim has no merit. Brother Crable should have bid
on the turns and since he didnt he is not entitled to bump on them nor file
claims.
Brother Simkins thinks long and hard(he so states and he also watches the
trnmstr s board at Aurora for facts he needs). He finds just what he wants
when the Santa clause special for 1946 is won in the bidding process by J.E.
Jackley who protects the job for several days and is then displaced by A.H.
Cummings who was displaced from his run by O.Y Eddy(anybody besides me
putting the faces w/the names?).
Now Brother Simkins notes that Cummings didnt bid on the Santa Clause special
and per the 1923 ruling and all past practice he cant bump Jackley but the
Mgmt lets him. And that bump and all subsequent ones are let to stand.
So Brother Simpkins puts Crabel up to appealing his case to the general
Committe(yes its right in his notes). The genral committee just happens to be
meeting in March in Omaha. Crabels case is docketed and Simpkins gets up for
what is apparently the first time in his life before the full committee to
argue his case)take it from someone whos been there,its an experience to
speak to that group,hey they're all local chrmn from the entire Q). Simpkins
argues the case for 3.5 hrs over two days. The commitee voted on the second
day to sustain the appeal ! The general chrmn,vice general chrmn,and
secretary of the committee were overruled.
Bottom line is from that day forward if your job was abolished and
readvertised you could sit back,wait to see what transpired knowing that you
could bump back onto it at your liesure up to the 30th day.
What did this mean........... see my post from yesterday as to how I hogged
for a week when many of my brothers just sat back and said lets see what
happens here. It clearly made life less predictable for those bidding on jobs
and for mgmt and created a compounded frequency of bumping.
Leo
P.S. I could have learned so much from this guy.
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