822 F.2d 469 | 4th Cir. | 1987
Arnold M. Robinette, a truck driver employed by Smith’s Transfer Corporation at its Staunton, Virginia, terminal, appeals from the district court’s dismissal of his claim against the company. Robinette commenced this action after he was laid off in 1981. He claimed his layoff violated an
Prior to the 1970s, Smith’s operated as a regional freight carrier, servicing primarily the Maryland, Virginia, and West Virginia areas. By the mid-1970s, however, Smith’s operations had expanded to the Midwest and Northeast sections of the United States. In 1976, Smith’s built new facilities in Columbus, Ohio, and Carlisle, Pennsylvania, to handle the increase in freight traffic.
The operation of the new facilities involved a restructuring of Smith’s transportation system and a potential redeployment of truck drivers. Pursuant to provisions in the master collective bargaining agreements
Present terminals, breaking points or domiciles shall not be transferred or changed without the approval of an appropriate Change of Operations Committee. Such Committee shall be appointed in each of the Conference Areas, equally composed of Employer and Union representatives. The Change of Operations Committee shall have the authority to determine the seniority of the employees affected and such determination shall be final and binding.
The remainder of Section 6 included a lengthy description of seniority rules applicable to changes in the employer’s operations. Section 6(d)(3) required Smith’s when instituting operational changes to offer “affected” employees the opportunity to “bid” in order of seniority on driving positions at the newly established facilities.
In March 1977, Smith’s submitted a written proposal to open its new Columbus and Carlisle terminals to the appropriate Change of Operations Committee. The proposal stated:
The Company’s present breakbulk facilities are at or exceed physical capacity. Due to the geographic locations of the existing breakbulk centers, a high percentage of the traffic is moving in a circuitous manner, creating higher costs,*471 poor utilization of manpower and equipment and rendering unsatisfactory service.
With the Company’s growth history, it is the intent to offer all present employees work opportunity as long as business is maintained at present or higher levels.
In addition, Smith’s proposal discussed the work opportunities of employee’s “affected” by the change of operations, projecting that:
Under present business conditions, the road driver compliment [sic] at ... Staunton will remain at present levels. We project our needs for road drivers to be 160 at Columbus and 50 at Carlisle to start. It is our intention to continue hiring at ... Staunton____ The number hired ... on or after March 1, 1977, will be the number of work opportunities affected and will be offered transfer to Columbus and Carlisle.
The Change of Operations Committee met in March 1977 to review Smith’s proposal. The Union representatives expressed concern that the existing workforce might be reduced if the proposal was implemented. Smith’s representative stated that “as long as business continues at present or higher levels [we can assure you] that your people will be. protected.” The Committee approved Smith’s proposal by a unanimous vote.
Thereafter, the Carlisle and Columbus terminals were opened, and Smith’s proposal effectuated. Staunton-based drivers were permitted to bid on driving positions out of the new terminals. Fifteen exercised their contractual rights to bid on the new positions. Neither Robinette nor any of the other putative class members that were laid off between 1979 and 1981, however, submitted bids to transfer to Carlisle or Columbus.
Smith’s business continued to prosper after the opening of the new terminals. As it had projected, Smith’s hired additional truck drivers at its Staunton terminal during 1977, 1978, and the first half of 1979. Beginning in mid-1979, however, the company laid off drivers domiciled at Staunton.
In his complaint, Robinette alleges that Smith’s commitment to maintain a full complement of truck drivers at its Staunton facility was central to the Change of Operations Committee’s 1977 approval of the Carlisle and Columbus facilities. He claims that by reducing its Staunton workforce, Smith’s violated the Committee’s order and the master agreements. The district court held that, notwithstanding Smith’s projections for future employment at the Staunton terminal, its statement to the Committee did not amount to a promise not to reduce its driver force and that the Committee could not have imposed that condition. According to the court, such a modification would constitute an unauthorized amendment by the Committee to the master agreements. It therefore dismissed Robinette’s action against Smith.
Robinette, on appeal, contends that by increasing the work routed to the new terminals after 1979, while laying off employees at the Staunton terminal, Smith’s implemented a de facto change of operations that was not approved as required in the master agreements. He asserts that until Smith’s obtained approval for its “new”
In view of the above, the judgment of the district court is affirmed.
AFFIRMED.
. Robinette filed his complaint in federal court as class representative for a putative class composed of truck drivers that had been laid off from Smith's Staunton facility between 1979 and 1981.
. A “change of operations" is a procedure for opening new terminals that is defined in the collective bargaining agreements governing this dispute.
. The 1976-79 and 1979-82 "National Master Freight Agreements" between Smith’s and the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local No. 29.
. Section 6(d)(3) provided in pertinent part: "[w]hen a new terminal(s) is opened ... the Employer shall offer those employees, if any, affected thereby the opportunity to transfer to regular positions in the new terminal(s) in the order of such employee’s continuous classification ... seniority date as defined herein.”
. The underlying reason for the layoffs is in dispute. Smith’s maintains that they were caused by various external forces, including deregulation and economic recession. Robinette argues that the layoffs were part of a calculated effort by Smith’s to reroute Staunton-based work to newly hired drivers at the Carlisle and Columbus terminals, thereby resulting in substantial savings to the Company in the form of reduced pay rates and lower fringe benefits. As 822 F.2d — 13 discussed below, however, resolution of this factual dispute is not necessary to the outcome of this case.
. Robinette also brought a claim against Teamsters Local 29 for breach of its duty of fair representation. That claim was not dismissed by the district court, and has since been settled.
. Contrary to Robinette’s contentions, we cannot say that the district court's finding that Smith’s projections amounted to no more than a statement of present intention was clearly erroneous. The projections certainly did not constitute a private contractual “amendment'’ to the master agreement then in force.