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Doyle v. Southeastern Pennsylvania Transportation Authority

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,
v.
SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY DEFENDANT.

The opinion of the court was delivered by: C. Darnell Jones II J.

ORDER

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


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