Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

MCDERMOTT v. TEAMSTERS

August 14, 1972

C. McDermott, Sr. et al., Plaintiffs
v.
Teamsters, Joint Council No. 53 et al., Defendants


Harold K. Wood, District Judge.


The opinion of the court was delivered by: WOOD

HAROLD K. WOOD, District Judge.

 This is an action instituted under Section 301 of the Labor Management Relations Act of 1947, 29 U.S.C. ยง 185, in which plaintiffs seek to enjoin the implementation of a decision of a Joint Area Committee which provided that the seniority rights of persons who recently became employees of plaintiffs' employer as the result of an acquisition should be dovetailed with the seniority rights of plaintiffs. We conducted a hearing on the application for a preliminary injunction. At the hearing, as there appeared to be no relevant facts in dispute, we directed the parties to submit a stipulation of facts. It was also agreed that on the basis of the stipulation and the remainder of the record before us we would decide the issue on the merits in accordance with Rule 65(a) (2) of the Federal Rules of Civil Procedure. We make the following:

 FINDINGS OF FACT

 1. Plaintiffs are eighty-seven employees of defendant Eastern Freight Ways, Inc. (Eastern) and are part of a collective bargaining unit represented by defendant Highway Truck Drivers and Helpers, Local 107 (Local 107). *fn1"

 2. All plaintiffs became employees of Eastern as a result of acquisitions or mergers with those companies formerly employing plaintiffs.

 4. Article 5 Section 3(a) of the National Master Freight Agreement provides, in relevant part, as follows:

 
"Section 3. (a) In the event that the Employer absorbs the business of another private, contract or common carrier, or is a party to a merger of lines, the seniority of the employees absorbed or affected thereby shall be determined by mutual agreement between the Employer and the Unions involved.
 
In the application of this provision the following general rules shall apply:
 
Merger, purchase, acquisition, sale, etc.
 
(1) If both carriers involved are solvent then the seniority lists of the two Companies should be dovetailed so as to create a Master Seniority List based upon total years of service with either Company. This is known as dovetailing in accordance with years of seniority.
 
* * *
 
(8) Area and/or State Committees created pursuant to Local Supplements which have previously established rules of seniority, not contrary to the provisions of such Supplements, and approved by the Joint Area Committee, may continue ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.