American Train Dispatchers Department of the Brotherhood of Locomotive Engineers v. Fort Smith Railroad

931 F. Supp. 618, 153 L.R.R.M. (BNA) 2559, 1996 U.S. Dist. LEXIS 9327, 1996 WL 374046
CourtDistrict Court, C.D. Illinois
DecidedJune 18, 1996
DocketNo. 96-1248
StatusPublished

This text of 931 F. Supp. 618 (American Train Dispatchers Department of the Brotherhood of Locomotive Engineers v. Fort Smith Railroad) is published on Counsel Stack Legal Research, covering District Court, C.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Train Dispatchers Department of the Brotherhood of Locomotive Engineers v. Fort Smith Railroad, 931 F. Supp. 618, 153 L.R.R.M. (BNA) 2559, 1996 U.S. Dist. LEXIS 9327, 1996 WL 374046 (C.D. Ill. 1996).

Opinion

MEMORANDUM ORDER GRANTING PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF

McDADE, District Judge.

On May 28, 1996, an evidentiary hearing was held in this case on Plaintiffs Motion for [621]*621Preliminary Injunction [Doe. #3-1] requiring Defendant to participate in mediation of the parties’ collective bargaining dispute before the National Mediation Board (“NMB” or “Board”). Pursuant to Fed.R.Civ.P. 65(a)(2), the Court consolidated that hearing with a trial on the merits and ruled in favor of Plaintiff. Plaintiff filed a proposed Order on June 7, 1996. Defendant was granted leave to file an Answer to the Complaint and to file objections to Plaintiffs proposed Order. After considering all of the pleadings and the arguments on both sides, the Court makes the following FINDINGS OF FACT and CONCLUSIONS OF LAW:

FINDINGS OF FACT

1. The facts in this case are undisputed.

2. Plaintiff American Train Dispatchers Department of the Brotherhood of Locomotive Engineers (“the Union”) is the certified collective bargaining representative under the Railway Labor Act (RLA) for the locomotive engineers, conductor/brakemen, and carmen employed by Defendant Fort Smith Railroad Co. (“Fort Smith” or “the Company”).

8. On August 26, 1994, the Union served Defendant with a notice of proposed terms and conditions of employment to be incorporated into the parties’ first collective bargaining agreement. On October 11, 1994, the parties began bargaining.

4. On March 28, 1995, the Union invoked the services of the National Mediation Board to assist the parties in their negotiations. The Board assigned federal mediator Robert Martin to assist the parties. Mediation sessions were held at the Company’s headquarters in Peoria on May 2, August 15, and November 8, 1995, and January 30, 1996. However, no agreement was reached.

5. On February 8, 1996, the Board advised the parties that mediation would resume “at the NMB’s office in Washington DC, at 10:00 A.M. on February 28 and 29, 1996.” The Company replied that “we cannot agree to a meeting in Washington, D.C.” but would meet in a “neutral site” in Springfield, Illinois, or St. Louis, Missouri. In response to this request, the Board rescheduled the mediation session to February 28, 1996, in St. Louis. No agreement was reached at that meeting.

6. On April 2, 1996, the Board advised the parties that mediation would resume “at the NMB’s offices, Washington, DC, at 10:00 AM. on April 24 and 25, 1996.” The Company responded by letter that it was “not agreeable to the proposed meetings April 24 and 25” and made clear that it did “not feel that Washington, D.C. is an appropriate site. FSR’s office is in Peoria, Illinois, and its operations are in Fort Smith, Arkansas. Washington is a very long way from both of these places.”

7. On April 8,1996, the Union wrote to the Company stating, “In order to reach an agreement, we are willing to drop our demands for a seniority provision, an overtime provision and a shorter agreement term and accept your last proposal with a few changes.” The Union’s two substantive changes were a fifty-cent an hour yearly wage increase and an increase in bereavement leave from two to three days.

8. On April 15,1996, the Company rejected the Union’s proposed changes and stated that it had “no choice but to ask Bob [Martin] to declare an impasse and release us from Mediation.” On April 17, 1996, the Union wrote to the Board stating that it did “not agree with the carrier that an impasse has been reached” and that the Union “stands ready to meet with the carrier in Washington as previously directed by the NMB.” That same day, the Company responded to the Union’s letter and advised the Board that ‘Washington, D.C. is not an appropriate place to meet with the organization, and we are unwilling to meet there.”

9. On April 22, 1996, Stephen E. Grable, the Chief of Staff of the Board, sent the following communication to the parties: This is to advise you that mediation sessions scheduled for April 24 and 25, 1996, at the NMB offices, Washington, DC have been cancelled because of carrier refusal to attend. Consistent with the Board’s obligation under the Railway Labor Act to make its best efforts to assist the parties in making agreements, [622]*622the mediator has determined that convening the parties in Washington, DC will further this purpose. Please advise me by no later than April 25, 1996 of four consecutive days in April or May in which you will be available to meet with Mediator Martin.1

10. On April 23, 1996, the Union responded that it was “available to meet on any days suggested by the Carrier, even if we have to rearrange our schedules to do so.” However, that same day, the Company wrote to the Board stating, “[I]t remains our position that Washington, D.C. is not an appropriate place to meet with the organization.” On May 6, 1996, the Board recessed the mediation sessions “until further notice” and advised the parties that “mediation will resume at request of either party.”

11. On May 10, 1996, the Union filed a Complaint against the Company for preliminary and permanent injunctive relief requiring the Company to cease and desist from hindering the bargaining process. The Complaint also requested a declaration that the Company has violated the RLA. Along with the Complaint, the Union filed a motion for preliminary injunction.

CONCLUSIONS OF LAW

1. The Court has jurisdiction over this case pursuant to section 2, First of the Railway Labor Act which enforces the duty of a carrier to settle disputes. 45 U.S.C. § 152, First. This section of the RLA “was intended to be more than a mere statement of policy or exhortation to the parties; rather, it was designed to be a legal obligation, enforceable by whatever appropriate means might be developed on a case-by-ease basis.” Chicago and North Western Ry. Co. v. United Transp. Union, 402 U.S. 570, 577, 91 S.Ct. 1731, 1735, 29 L.Ed.2d 187 (1971).

2. For purposes of the Railway Labor Act (RLA), the Union is a “representative” under 45 U.S.C. § 151, Sixth, and the Company is a “carrier” under 45 U.S.C. § 151, First.

3. This is a “major dispute” under the RLA because it relates to the formation of a collective bargaining agreement between the parties. Burlington Northern R.R. Co. v. United Transp. Union, 862 F.2d 1266, 1271 (7th Cir.1988). Because major disputes concern the creation of contractual rights and pose the greatest threat to the goals of the RLA (i.e. interruptions to commerce and labor strife), they are designed to be settled by the parties themselves through negotiation and mediation under the auspices of the National Mediation Board. Id. at 1272.

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931 F. Supp. 618, 153 L.R.R.M. (BNA) 2559, 1996 U.S. Dist. LEXIS 9327, 1996 WL 374046, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-train-dispatchers-department-of-the-brotherhood-of-locomotive-ilcd-1996.