American Train Dispatchers Department of International Brotherhood of Locomotive Engineers v. Duluth, Missabe & Iron Range Railway Co.

866 F. Supp. 420, 1994 U.S. Dist. LEXIS 19621, 1994 WL 590876
CourtDistrict Court, D. Minnesota
DecidedOctober 17, 1994
DocketCiv. No. 5-94-44
StatusPublished
Cited by1 cases

This text of 866 F. Supp. 420 (American Train Dispatchers Department of International Brotherhood of Locomotive Engineers v. Duluth, Missabe & Iron Range Railway Co.) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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American Train Dispatchers Department of International Brotherhood of Locomotive Engineers v. Duluth, Missabe & Iron Range Railway Co., 866 F. Supp. 420, 1994 U.S. Dist. LEXIS 19621, 1994 WL 590876 (mnd 1994).

Opinion

ORDER

ERICKSON, United States Magistrate Judge.

I. Introduction

This matter came before the undersigned United States Magistrate Judge pursuant to a general assignment, made in accordance with the provisions of Title 28 U.S.C. § 636(b)(1)(A), upon the Respondent’s Motions for a Stay, and for an extension of the discovery deadline that was contained in the Court’s Scheduling Order of June 24, 1994.

A Hearing on the Motions was conducted on October 6, 1994, at which time the Petitioner appeared by Michael S. Wholly and Aaron R. Bransky, Esqs., and the Respondent appeared by Patricia Ann Burke, Esq.

For reasons which follow, we grant both Motions.1

II. Factual and Procedural Background

On April 7, 1994, the Petitioner commenced this action to enforce Award No. 29719 of the National Railroad Adjustment Board (“Board”), Third Division, pursuant to the provisions of the Railway Labor Act. See, Title 45 U.S.C. § 15S, First (p).2 Award [422]*422No. 29719 arose from a grievance which the Petitioner filed in 1990, and which contested the Respondent’s assignment of the Chief Train Dispatcher’s duties to a management employee. According to the Petitioner, the parties’ labor agreement required that those job assignments be awarded to that employee who held the greatest seniority as a Train Dispatcher — an individual who was not the management employee to whom the Respondent had assigned those duties. As a consequence, the Petitioner sought a declaration that its interpretation of the labor agreement was correct, and an award of all back pay, for the Chief Train Dispatcher’s position, since July 2, 1990.

In turn, the Respondent argued that it had properly interpreted Rule 83 of the parties’ labor agreement and had appropriately assigned the work in question. By Award No. 29719, the neutral Referee 4 determined that neither party was entirely correct in its position. On the one hand, the Referee found that the Respondent had not correctly filled the Chief Train Dispatcher’s slot but, contrary to the position that had been advanced by the Petitioner, he also determined that the award of back pay would not compensate the Chief Train Dispatcher’s replacement for every day that he did not hold that job from July 2, 1990. Rather, the Referee explained his back pay award as follows:

The injury here to the Organization is the lost opportunity to provide relief for the Chief on one day per week, and for vacations and other absences, as provided in Rule 8. Notwithstanding what was decid- ■ ed in Third Division Award 28133, a fair reading of Rule 8 contemplates that a weekly rest day will be assigned to the Chief Train Dispatcher which rest day will be a part of the weekly schedule of a Train Dispatcher assignment. When the Carrier changed the title of the Chief Train Dispatcher to that of Assistant Superintendent it deprived the Organization of this work opportunity. Accordingly, eligible Dispatchers are entitled to recovery of this lost work opportunity. Additionally, Dispatchers lost the opportunity to provide relief for annual vacations and other absences during this time.
Therefore the Board will allow one days [sic] pay per week, plus time for annual vacations and other temporary absences, whatever they may have been, to be paid to the senior qualified Dispatcher, as determined by a check of Carrier records.

Award No. 29719, at page 7 [Exhibit No. 1 to Respondent’s Memorandum of Law in Support of Motion].

The Referee’s reference to Award No. 28133 forms the basis for much of the Respondent’s [423]*423insistence that the Referee’s decision is unenforceable because: “(1) the [Board] failed, in issuing the award, to comply with the Rah-way Labor Act, 45 U.S.C. §§ 151 et seq., and (2) the award fails to conform, or confine itself, to matters within the scope of the [Board’s] jurisdiction.” Answer, at page 6.

By way of additional background, in Award No. 28138, the Board was also requested to construe the language of the parties’ Rule 8. There, the Petitioner had requested a back pay award for each of four occasions on which the Chief Train Dispatcher left his assignment in the middle of a shift to attend meetings. On those occasions, no relief was assigned to fill the Chief Train Dispatcher’s vacancy. In denying the Petitioner’s grievance, the Board determined that the assignment of a replacement to the Chief Train Dispatcher’s position was a management decision and, in the absence of an improper assignment, no back pay was due or owing. In the words of the Board:

Thus, whether any one will be assigned to relieve the chief during absences of this unique nature is a managerial prerogative left unaltered by the rule. The rule comes into play after it is determined if the job is filled or if someone actually performed the chiefs duties (which is not the case here). Accordingly, under these circumstances, the agreement, under the interpretation of the rule, isn’t violated unless someone other than a qualified train dispatcher from the seniority district involved is assigned the chiefs duties in his absence.
******

Claim denied.

Award No. 28133, page 3 [Exhibit No. 8 to Defendant’s Memorandum of Law in Support of Motion to Stay].

Based upon this decision, which was issued on September 25, 1989, and is “final and binding” upon the parties, the Respondent contends that the Referee in Award No. 29719 did not have jurisdiction to award back pay for every occasion that a temporary vacancy existed in the Chief Train Dispatcher’s position, but was contractually constrained to limit the back pay to those occasions when the vacancy was improperly filled. See, Title 45 U.S.C. § 153, First (m) (“The awards of the * * * Adjustment Board shall be stated in writing * * *, and * * * shall be final and binding upon both parties to the dispute.”). In contrast, the Petitioner contends that the Referee in Award No. 29719 “properly repudiated the erroneous findings of Award No. 28133 regarding relief of the Chief Train Dispatcher during temporary vacancies as well as on its weekly rest day.” Award No. 29719, Labor Member’s Concurring and Dissenting Opinion [Exhibit 1 to Defendant’s Memorandum in Support of Motion to Stay].

As a consequence of the parties’ divergent interpretations of the remedy provided in Award No. 29719, the Respondent calculated and paid an amount of back pay that has been contested in these enforcement proceedings as less than one-half of the amount that the Petitioner claims is due and owing. Apparently as a response to the commencement of this action, on or about July 29,1994, the Respondent filed a Request for an Interpretation of Award with the Board, as expressly allowed by the Railway Labor Act. Title 45 U.S.C. § 153

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866 F. Supp. 420, 1994 U.S. Dist. LEXIS 19621, 1994 WL 590876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-train-dispatchers-department-of-international-brotherhood-of-mnd-1994.