The opinion of the court was delivered by: LORD
After hearing on plaintiff's application for preliminary injunction and a review of the evidence, the Court makes the following:
1. Plaintiff is a Pennsylvania corporation doing business as an interstate common carrier by railroad in the Eastern District of Pennsylvania.
2. Defendant, Transport Workers Union of America, A.F.L.-C.I.O., which will hereafter be referred to as 'TWU', is a labor union and an unincorporated association, doing business in the Eastern District of Pennsylvania, through its local unions and international representatives, which represents approximately 20,000 of plaintiff's employees, including carmen, boilermakers, electricians, car inspectors, and others.
3. Defendants, Locals 2013 and 2042, are unincorporated associations and local unions of defendant TWU's United Railroad Workers Division, doing business in the Eastern District of Pennsylvania, and are representative of the other local unions of defendant TWU and of defendant TWU itself. The interest of all members, other locals and of defendant TWU will be adequately represented in the premises by defendants, Locals 2013 and 2042.
4. Defendant, Andrew Kaelin, is a Vice President and coordinator of defendant TWU and the chief international officer representing defendants TWU and Michael Quill in the Eastern District of Pennsylvania. Defendant, C. A. Quigley, is the International Representative of defendants TWU and Michael Quill for the Eastern District of Pennsylvania.
5. Defendants Turic, Friel, Halstead and Elliott are officers and representatives of defendant Local 2013, and are truly representative of the membership of said defendant local and of defendant TWU employed on plaintiff's system.
6. Defendants Duranto, D'Urbano, DiPaolantonio, Dunning and Durbano are officers and representatives of defendant Local 2042 and are truly representative of the membership of said defendant local and of defendant TWU employed on plaintiff's system.
7. There are now in effect between plaintiff and defendant TWU, as the certified bargaining representative of certain of plaintiff's employees, collective bargaining agreements governing rates of pay, rules, and working conditions, and providing a method of handling disputes growing out of grievances or out of the interpretation or application of the collective bargaining agreements.
8. The applicable regulations contained in these agreements provide for the handling of grievances or claims by presenting them first to the employee's foreman and thereafter to the Superintendant-Personnel and to the Manager-Labor Relations, who is the chief operating officer of plaintiff, to handle such disputes.
9. The agreement of January 5, 1956 establishes a System Board of Adjustment under the provisions of the Railway Labor Act, 45 U.S.C.A. § 151 et seq., which has jurisdiction to handle and decide all disputes growing out of grievances or out of the interpretation or application of the collective bargaining agreements between plaintiff and TWU which have not been disposed of in the processes up to and including the Manager of Labor Relations.
11. Prior to April 1, 1957 under the labor agreements between plaintiff and the Brotherhood of Railroad Trainmen, yard trainmen, when used to perform work of the kind referred to in the preceding paragraph in yards in which and on tracks on which carmen performed such duties on August 1, 1942, became entitled to additional wage payments.
12. On March 8, 1957 plaintiff and the Brotherhood of Railroad Trainmen entered into an agreement effective April 1, 1957 under which yard trainmen were to be paid an allowance of 48 cents for each shift, in consideration of which they might be required to perform work of the kind referred to in paragraph 10 of these findings incidental to the movement or ...