Alton & Southern Railway Company v. Brotherhood of Maintenance of Way Employes division/ibt

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

ALTON & SOUTHERN RAILWAY COMPANY, et al., Lead Case No. 1:19-cv-03586 (TFH)

Plaintiffs, Case No. 20-cv-2173 (TFH)

v. Case No. 20-cv-2543 (TFH)

Case No. 20-cv-1767 (TFH)

BROTHERHOOD OF MAINTENANCE Case No. 20-cv-2109 (TFH)

OF WAY EMPLOYES DIVISION/IBT,

Defendant.

ORDER

For the reasons set forth in the accompanying Memorandum Opinion, it is hereby:

ORDERED that the Carriers' Motion for Summary Judgment [ECF No. 29] is GRANTED and BMWED’s Cross-Motion for Summary Judgment [ECF No. 30] is DENIED. Accordingly, it is further ORDERED that defendant/counterclaim plaintiff BMWED is obligated under the Railway Labor Act, 45 U.S.C. § 151 et seq., to bargain and is hereby permanently enjoined and ordered to bargain, on a national-handling basis with the National Carriers’ Conference Committee, the duly authorized group representative of the plaintiffs/counterclaim defendants, with respect to all issues in the current wage and rules movement that commenced on or about November 1, 2019; it is further ORDERED that the Complaints in Case Nos. 20-cv-2173, 20-cv-2543, 20-cv-1767, and 20-cv-2109 shall be dismissed with prejudice; and it is finally

ORDERED that the Counterclaim filed by Defendant in Lead Case No. 1:19-cv-03586 shall be dismissed with prejudice.

SO ORDERED.

March 30, 2022 ___________________________________ Thomas F. Hogan

SENIOR UNITED STATES DISTRICT JUDGE