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October 13, 1959

LOCAL 2013 OF UNITED RAILROAD WORKERS DIVISION OF TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO, in its own right and as representative of its membership, John W. Mellon, Jr., Edward B. Quigley, J. E. Whitehead, V. J. Elliott, E. D. Halstead, individually as officers of Local 2013 and as representatives of the members of Local 2013, employed by Plaintiff

The opinion of the court was delivered by: EGAN

Effective August 3, 1959, plaintiff, a common carrier by railroad, abolished the position of car inspector or carman on the second trick, from 2:30 P.M. to 11 P.M., Monday to Friday, at the Pottsville yard of its railway. The work which the displaced carman did was given to a member of the crew. It consisted of 'bleeding' of air from the brake systems of cars. The displaced carman was a member of the defendant Local of the Transport Workers Union. It was claimed by the defendant, Mellon, president of the Local, that the work of 'bleeding' air from the brake system of cars belonged exclusively to car inspectors and that consequently plaintiff, in abolishing the second trick car inspector position, had violated the collective bargaining agreements existing between the parties. Plaintiff's representatives disagreed and so advised Mellon. This led to a dispute between plaintiff and the union which ultimately resulted in this litigation.

On August 6, 1959, defendant Mellon wrote a letter to plaintiff's foreman on behalf of one Yodar, the displaced car inspector, claiming eight hours' pay for August 3, 1959, the first day of his displacement, and each subsequent day he was thus out of work. This was the first step in the grievance procedure set up by the parties. *fn1" The body of the letter reads as follows:

 'On August 3, 1959 Management abolished the middle trick Car Inspector's position at Pottsville and assigned Trainmen to do a certain amount of duties which accrue to Car Inspectors.

 'We contend that by arbitrarily abolishing this position of Car Inspector while part of the duties remain necessary, and the assignment of Trainmen to perform these duties is a violation of our Agreement.

 'Claimant is now furloughed as a result of this move.

 'We contend that Claimant should be compensated as above stated and the middle trick Car Inspector's position at Pottsville should be re-established.'

 When plaintiff refused to reinstate the displaced employee, defendant Mellon, as president of defendant Local, by-passing the grievance procedure and becoming impatient with the time element required therein, sent a telegram to Herman Kendall, Manager, Labor Relations, Philadelphia Region, Pennsylvania Railroad, at his office in Philadelphia, reading:

 'This is to advise you that the Executive Board of Local 2013 at meeting on August seventh 1959 authorized calling a 24 hour meeting on Friday August 14 1959 of all shop stewards, committeemen and Vice-Presidents in order to inform them of attitude of Management. This action found necessary after Management refused to meet with Local Union and International officers to settle a problem.'

 On August 10, 1959 plaintiff, through its proper officers, received a letter dated August 7, 1959, which informed plaintiff that a list of named individuals numbering over 900 'are hereby certified as local union representatives of this union on (sic) the Philadelphia Region Local 2013 in the capacity of committeemen.' The list contained practically the entire membership of the defendant Local. Plaintiff advised defendant Local that the calling of a 24-hour meeting on Friday, August 14, 1959 of all shop stewards, committeemen and vice-presidents to the total named in the letter would violate the intent and purpose of the Railway Labor Act and the provisions of the collective bargaining agreements between the parties. It would have brought about a complete work stoppage in plaintiff's Philadelphia region and resulted in a one-day strike.

 Thereafter, on August 13, 1959, plaintiff sought relief from this Court under Title 28 U.S.C. § 1331 and 1337. It relies on the Railway Labor Act, Title 45 U.S.C.A. § 152, First and Second, § 155, First, and § 156, and also the applicable provisions of the Interstate Commerce Act, 49 U.S.C.A. § 1 et seq. Plaintiff moved for a restraining order and for a temporary injunction pending final hearing. A temporary restraining order was entered on August 13, 1959 after an informal hearing at which both sides were represented. Thereafter the matter came on for hearing on plaintiff's complaint and defendant's cross-motion for a temporary injunction requiring that the status quo ante be reinstated by putting the displaced carman back to work pending final disposition. Testimony was produced for both sides and counsel argued the matter on briefs and supplemental briefs. The temporary restraining order was continued in effect by agreement of the parties and the matter is now ripe for decision.

 The Court makes the following

 Findings of Fact

 1. Plaintiff, The Pennsylvania Railroad Company, a Pennsylvania corporation, has its principal office in the City of Philadelphia, Pennsylvania, and is a common carrier by railroad engaged in interstate commerce.

 2. Defendants are Local 2013 of United Railroad Workers Division of Transport Workers Union of America, AFL-CIO, with principal office in the City of Philadelphia and certain named officers of said Local union individually as officers of said Local and as representatives of the members of said Local employed by plaintiff.

 3. There are presently in effect collectively bargained labor agreements, concluded in accordance with the terms of the Railway Labor Act, between plaintiff and defendant union, the latter acting as a representative of some, but not all, of plaintiff's employees, which agreements govern the rates of pay, rules and working conditions of said employees, and provide a method of handling disputes growing out of grievances or out of the interpretation and application of said agreements.

 4. Under said agreements, a grievance procedure has been established whereby disputes, grievances or claims are presented first to the aggrieved employee's foreman, then to plaintiff's Superintendent-Personnel and then to plaintiff's Manager-Labor Relations.

 5. Failing settlement at the levels indicated, the grievance then goes to a System Board of Adjustment, established pursuant to the provisions of § 3, Second, of the Railway Labor Act, which is implemented by a written agreement between the parties (Ex. P-2) dated January 5, 1956, effective February 1, 1956, which sets up a Board of four members, two representing each side. If the Board cannot reach a decision, the dispute then goes to a neutral referee selected by the Board; if the Board cannot agree on a neutral referee, he shall be designated by the National Mediation Board at the request of any two members of the Board, and his decision shall be final and binding.

 6. Effective August 3, 1959 plaintiff abolished the position of car inspector on the second trick at plaintiff's Pottsville, Pennsylvania, yard, in which position there had been employed one car inspector or carman for the assigned reason that traffic had declined and that he was no longer needed.

 7. On August 3, 1959 at the request of defendant Mellon, H. W. Manning, Superintendent-Personnel, of plaintiff's Philadelphia region, met with Mr. Mellon and explained that the second trick position of car inspector at Pottsville had ...

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