IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
January 13, 2010
JAMES J. DOYLE AND JOAN E. DOYLE, H/W PLAINTIFFS,
SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY DEFENDANT.
The opinion of the court was delivered by: C. Darnell Jones II J.
AND NOW, this 13th day of January, 2010, upon consideration of: Plaintiffs' Motion for Summary Judgment (Doc. No. 31); Defendant's Cross Motion for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment (Doc. No. 35); Plaintiffs' Response to Defendant's Motion for Summary Judgment (Doc. No. 37); Defendant's Reply to Plaintiffs' Response to Cross Motion for Summary Judgment (Doc. No. 42); and, Plaintiffs' Sur Reply in Opposition to Defendant's Cross Motion for Summary Judgment (Doc. No. 43), it is hereby ORDERED and DECREED that:
(1) Plaintiffs' Motion for Summary Judgment on the basis that Defendant failed to "immediately" reinstate him to his former position of Conductor in accordance with the arbitration Award is DENIED; and,
(2) Defendant's Cross-Motion for Summary Judgment is GRANTED to the extent that the August 1, 2008 Agreement constituted a final and binding decision regarding Mr. Doyle's reinstatement to position of Conductor and that said reinstatement was conditioned upon satisfactory completion of "refresher training;" but is DENIED AS MOOT regarding Mrs. Doyle's lack of standing in this case.*fn1