Mr. R. F. May, LC 32 Dear Sir and Brother: In conference with Mr. Waldron on September 3, 1981, I advised him of your problem with the Engineers’ Extra List mileage regulation of counting all mileage earned. He was to handle for correction and trust it has been handled by now to your satisfaction. We also discussed deadhead miles being counted and I advised him our position that deadheads terminal to terminal (100 miles or more) or in a case where it is an engineer’s day’s pay miles it should be counted. If deadhead is, say for 20 miles and working an outlying assignment, and paid as an arbitrary, then the miles do not count. I believe he will acquire further advice from some higher Labor Relations officers before he agrees or disagrees with this. Trusting this provides additional information and corrects the problem I remain,
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| Dear Sir and Brother:
This letter has reference to Brother Danny Dudgeon’s undated letter to this office and, also your recent telephone conversation. Brother Dudgeon in his letter asked in essence if a small minority of people can control the division by their attendance at division meetings. Directly, he is asking if a division acts on a question and it passes, is it valid. In this particular incident a few members changed the mileage regulation of the pool and extra list. Let me say, the answer to Brother Dudgeon’s question is more complex than it appears. Therefore, I will address a few generalities first and then address some specifics, which I hope answers both yours and Brother Dudgeon’s inquiries. If a division takes action and has a quorum under the constitution, the action would stand. This does not mean anything is guaranteed to happen. As an example, if a motion was passed that needed the carrier’s approval, the division could only act to secure such approval and failing, the motion would carry and nothing would have changed. Once a motion has been passed at a division meeting, there are two (2) ways to have it changed. At a future meeting a motion can be made to reconsider. It must be made by someone who voted with the majority; also, the second must be from the majority. A second way to effect a change is that at a future meeting a motion to rescind can be made from anyone and if carried, must lay over until the next division meeting. This is provided for in the BLE Constitution under Rules of Order Division, General Committees of Adjustment and Legislative Boards. This is being explained to you so that you and your members understand their rights under the constitution. Now, for the specific questions asked by telephone from you and in Brother Dudgeon’s letter. The regulation of the pool and the extra list is outside of the scope of the division and is solely entrusted with the local chairman. See Section 601.10. This is not to say that a local chairman may not be wise to listen to the desires of the majority of his members when it comes to a mileage understanding with the local carrier official, but he is not subject to an ironclad mandate from division meetings. I think you can see the wisdom in this, in that few could control the destiny of many and the local chairman is supposed to represent the majority. Also, keep in mind that the mileage figure agreed upon must be within the range of 3200 to 3800 as provided for in the agreement. Enclosed is a copy off a letter former General Chairman W. M. Dunegan sent to East Ottumwa Local Chairman H. J. Worden which is about on point with the questions asked here. Trusting this provides you with the required information, I remain,
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