LABOR LAW - EFFECT OF A SUBSEQUENT MODIFICATION OF THE COLLECTIVE BARGAINING AGREEMENT ON INDIVIDUAL SENIORITY RIGHTS

In July the union of which plaintiffs were members and the defendant railroad company entered a collective bargaining agreement fixing seniority rights. In September representatives of the union and the railroad adopted a seniority roster purporting to be in accordance with the terms of the July agreement. Plaintiffs, contending that the roster violated their rights under the July agreement, sought an injunction to compel revision of the roster or to prevent it from going into effect. Held, injunction denied.

The union has the power to modify the rights of the individuals under the collective bargaining agreement if it does not act arbitrarily or fraudulently. Coley v. Atlantic Coast Line R. R., 221 N. C. 66, 19 S. E. (2d) 124 (1942).