The opinion of the court was delivered by: BODY
This matter is before the Court on plaintiffs' motion for a preliminary injunction. The Court makes the following findings of fact:
1. Plaintiffs are all former employees of Rodgers Motor Lines, Inc. at 4450 Rising Sun Avenue, Philadelphia, Pennsylvania, where they were employed as truck drivers. Plaintiffs bring this suit both as individuals and as all the members of a class since they are all of the truck drivers formerly employed by Rodgers Motor Lines, Inc. in Philadelphia.
2. Defendant, Branch Motor Express Company (hereinafter referred to as 'Branch'), is a corporation which has its place of business at Union Avenue and Suckles Boulevard, Pennsauken, New Jersey. It was incorporated in Pennsylvania, and was served c/o C.T. Corp. System, Fidelity-Philadelphia Trust Building, Broad and Sansom Streets, Philadelphia, Pennsylvania.
3. Defendant, Rodgers Motor Lines, Inc., (hereinafter referred to as 'Rodgers'), is a corporation which formerly had a place of business at 4450 Rising Sun Avenue, Philadelphia, Pennsylvania. It is a Deleware corporation registered to do business in Pennsylvania at Gilligan Street and South Avenue, Scranton, Pennsylvania.
4. Defendant, Highway Truck Drivers and Helpers, Local 107, (hereinafter referred to as 'Union'), is an unincorporated association affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, and maintains its place of business at 105 Spring Garden Street, Philadelphia, Pennsylvania. All the plaintiffs and all the members of the class represented by plaintiffs, were members of Local 107 which acted as their exclusive bargaining agent at all times material hereto.
5. Defendant, Motor Transport Labor Relations, Inc., (hereinafter referred to as 'MTLR'), is a corporation which has its place of business at 421 New Market Street, Philadelphia, Pennsylvania, which represents over two hundred (200) employers of truck drivers in the Philadelphia area.
6. All defendants were parties to a certain agreement which is known as the 'Motor Transport Labor Relations, Inc. and Teamsters' Locals City Cartage Agreement'. This agreement covers all truck drivers, including plaintiffs and the members of the class which they represent, of the signatory companies which are generally engaged in the motor freight business in the Philadelphia area. The said agreement is in effect at all times material hereto, and remains in effect until December 31, 1965. The agreement is printed in booklet form, and generally describes the terms and conditions of employment.
7. Sometime prior to June 29, 1963 defendants Branch and Rodgers negotiated for and entered into a written agreement for a merger, sale or consolidation whereby Rodgers would be absorbed into Branch. The said merger, sale or consolidation was approved by the Interstate Commerce Commission on or about June 29, 1963.
8. Sometime in December 1963, plaintiffs and the class they represent were informed that Rodgers had been absorbed into Branch and that its operations would be conducted at Union Avenue and Suckles Boulevard, Pennsauken, New Jersey.
9. On or about January 1, 1964 said plaintiffs became employees of Branch as truck drivers at Union Avenue and Suckles Boulevard, Pennsauken, New Jersey. The seniority lists of the Rodgers and Branch employees were dovetailed as the result of an agreement between a representative of defendant Union and Branch.
10. On or about January 27, 1964 a grievance was filed on behalf of the original Branch employees before the Change of Operations Committee of the Joint Area Committee, described in Article 7 of the Collective Bargaining Agreement aforesaid, protesting the dovetailing of the Rodgers and Branch seniority lists.
11. On January 30, 1964 a hearing was held before said Change of Operations Committee pursuant to the aforesaid grievance. At said hearing the Branch employees were represented by John Middleton, steward; Joseph Walsh, driver; John Smyth, platform man; Harry Shaw, driver; and William Yoast, driver. The Rodgers employees were represented by Henry Kazmurski and the former steward of Rodgers' employees, Peter Zeaner.
12. In submitting the aforesaid grievance to the Change of Operations Committee of the Joint Area Committee, all defendants were bound by the terms of the Collective Bargaining Agreement and were required to arrive at a fair and impartial decision. In addition, the Union, as the exclusive bargaining agent, had a duty to represent plaintiffs fairly, honestly and to the best of its ability, without misrepresentation, fraud or deceit.
13. The decision of the Change of Operations Committee of the Joint Area Committee, determined on January 30, 1964, was that the former employees of Rodgers, plaintiffs herein, should be ...