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BAKER v. UNITED TRANSP. UNION

September 24, 1970

George P. Baker et al., Plaintiffs
v.
United Transportation Union et al., Defendants


Wood, District Judge.


The opinion of the court was delivered by: WOOD

WOOD, District Judge:

1. Plaintiffs are the trustees of the property of Penn Central Transportation Company, a Pennsylvania corporation with its principal office in Transportation Center Building, Six Penn Center Plaza, Philadelphia, Pennsylvania.

 2. Defendant United Transportation Union is a labor union and unincorporated association which represents those classes of persons employed by Penn Central Transportation Company known as trainmen and locomotive firemen.

 3. The individual defendants are officers of the United Transportation Union.

 4. Defendant local lodges are constituent locals of the United Transportation Union.

 5. The bargaining agreement between the Company and the Union does not contain any provision either granting or prohibiting the right of the Company to change locations at which the Company gives physical examinations, rules examinations or instruction classes.

 6. Rule 1-B-1 of the bargaining agreement between the Company and the Union provides as follows:

 
"1-B-1. Examinations for (s) (m) (r). When examinations other than physical examinations are given to trainmen, the Company shall arrange for trainmen to take them without loss of time."

 7. Between 1956 and 1966 the Company closed ten locations at which physical examinations had previously been given.

 8. On April 21, 1966, the Union served upon the Company a notice pursuant to Section 6 of the Railway Labor Act, requesting an amendment to rule 1-B-1. The purpose of the proposed amendment was to compensate trainmen for time spent in undergoing physical examinations.

 9. The Union proposals and Company counterproposals are presently docketed for mediation before the National Mediation Board.

 10. Between April 21, 1966 and March 2, 1970, the Company changed the following locations for the holding of physical examinations and rules examinations:

 
a. On April 10, 1968, physical examinations were discontinued at Bellefonte, Pennsylvania.
 
b. In 1969 the location for rules examinations was changed from Lock Haven, Pennsylvania to Williamsport, Pennsylvania.
 
c. On January 6, 1970, the location for physical examinations was changed from East Brady, ...

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