Barker v. Chesapeake & Ohio Railroad

959 F.2d 1361, 1992 WL 57546
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 27, 1992
DocketNos. 91-1260, 91-1279
StatusPublished
Cited by2 cases

This text of 959 F.2d 1361 (Barker v. Chesapeake & Ohio Railroad) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barker v. Chesapeake & Ohio Railroad, 959 F.2d 1361, 1992 WL 57546 (6th Cir. 1992).

Opinion

BATCHELDER, Circuit Judge.

This case on appeal presents claims of numerous plaintiffs that CSX Transportation violated provisions of section 704 of the Regional Rail Reorganization Act, resulting in damage to plaintiffs, and that their union breached its duty of fair representation in failing to assist plaintiffs in pursuing those claims. The district court dismissed plaintiffs’ claims for breach of duty of fair representation and breach of contract against the United Transportation Union (“Union”) as barred by the statute of limitations. We hold that plaintiffs failed to state a claim against the Union, and therefore will affirm the district court’s dismissal of plaintiffs’ claims against it. The district court also dismissed plaintiffs’ claims against CSX Transportation (the “Railroad” or “CSX”) for lack of subject matter jurisdiction over plaintiffs’ claims or, alternatively, because plaintiffs lacked standing to bring their claims. For the reasons which follow, we will reverse the district court’s dismissal of plaintiffs’ claims against the Railroad and remand for further proceedings.

I. Background

Each of the plaintiffs is a former CSX employee who was furloughed by CSX between 1979 and 1980. Plaintiffs claim that during the years 1979 to 1984 CSX had vacancies available in positions for which [1363]*1363they were qualified, but that CSX failed to report those vacancies to the Railroad Retirement Board (“RRB”) in violation of Section 704 of the Regional Rail Reorganization Act, 45 U.S.C. § 797c. Plaintiffs claim that this failure to report vacancies caused them to lose opportunities to secure the available positions and thus lose wages and seniority rights.

Plaintiffs filed their initial complaint in this case on January 15, 1987. That pleading did not contain a claim that CSX had violated Section 797c. On August 13, 1987, Section 797c expired by operation of its sunsetting provision, subsection (f). Plaintiffs amended their complaint on November 30, 1987, to include a Section 797c claim against CSX and an unfair representation claim against the Union for its failure to assist the plaintiffs in prosecuting their 797c claims. On January 19,1989, both the Union and CSX filed motions to dismiss or for summary judgment.

In response to the defendants’ motions to dismiss or for summary judgment, plaintiffs proffered evidence that CSX failed to report numerous vacancies.1 This evidence included plaintiffs’ affidavits stating that they reported these failures to the RRB orally and in writing, but were told that the RRB did not have the power to help them, and copies of letters that they sent to the RRB both before and after the expiration of Section 797c.

Plaintiffs’ evidence also shows that in February, 1982, Plaintiff Faunee sent a letter to the RRB requesting to know its enforcement authority in the area of furloughed workers. In response, the RRB stated that it did not have the jurisdiction to investigate railroads’ hiring policies. Nevertheless, Faunee continued his efforts to have the RRB investigate his charges. The RRB eventually did perform an investigation, and on August 11, 1987, the RRB issued a letter to CSX, with a copy to Faunee, stating that CSX “may have violated Mr. Robert J. Faunce’s rights under section 704 of the Regional Rail Reorganization Act [Section 797c],” because of the apparent failure to report vacancies in the areas of Russell, Kentucky, and Huntington, West Virginia, during 1981. Two days later the statute expired, and the RRB took the position that it had no power to investigate any of the other plaintiffs’ claims any further.

Plaintiffs also assert that they went to their representatives in the United Transportation Union (“Union”) but were never given assistance by the Union. This, plaintiffs claim, was a violation of the Union’s duty of fair representation.

On October 22, 1990, the district court held a hearing at which he indicated he would grant both defendants’ motions. In addition to providing reasons for granting the motion, the court also questioned the validity of a release that CSX had negotiated with plaintiff Robert Faunee. The judge directed CSX to submit a formal report on how the release was negotiated, and he indicated that he was not finished with the matter. However, it does not appear from the record that the district court made any further ruling on the validity of the release.

On October 30, 1990, the district court entered an Order granting the motions to dismiss and entered judgment for the defendants. In a February 14, 1991 Order, the district court granted plaintiffs’ motion to alter or amend the judgment in order to clarify a portion of the October 30 Order. On February 20, 1991, the plaintiffs filed a notice of appeal, and on February 22, 1991, they filed an amended notice of appeal.

In granting the defendants’ motions to dismiss, the district court did not rely on the evidence presented by the parties in support of their positions. Instead, the court made the determination that, as a matter of law, plaintiffs had failed to state a claim. We review these legal determinations de novo.

II. Discussion

Appellee CSX raises the threshold issue that this Court does not have jurisdiction over plaintiffs’ claims against CSX be[1364]*1364cause plaintiffs’ notice of appeal is defective. Specifically, CSX argues that the notice only refers to the district court’s amended Order of February 14, 1991, which pertains only to the Union, and does not indicate that plaintiffs are appealing from the October 30,1990 Order dismissing their claims against CSX. We reject this argument. First, the amended Order has no existence independent of the original Order dismissing all of the claims. It refers specifically to the Order of October 30, 1990, and merely incorporates an amendment into that earlier Order. Second, the notice of appeal provided adequate notice to CSX that plaintiffs were appealing the dismissal of their claims against CSX, since it specifically designated CSX as a defendant.2 In addition, it was the plaintiffs themselves who requested the amendment to the October 30, 1990 Order. It is illogical to assume that they would appeal only the Order which incorporated a change that they had requested. Therefore, this Court has jurisdiction to address plaintiffs’ claims against CSX as well as those against the Union.

Four substantive issues are presented for our review in this matter. The first is whether the plaintiffs have stated any claim against the defendant Union. The second is whether the district court had subject matter jurisdiction to entertain the plaintiffs’ Section 797c claims against CSX. The third is whether plaintiffs have standing to bring claims under Section 797c. The fourth and final issue is who should address plaintiffs’ claims upon remand.

A. The Union

Plaintiffs assert that the Union breached its duty of fair representation by failing to advise them and refusing to assist them in perfecting their respective Section 797c claims against CSX.3 The district court dismissed plaintiffs’ claims against the Union as barred by the statute of limitations.

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Bluebook (online)
959 F.2d 1361, 1992 WL 57546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barker-v-chesapeake-ohio-railroad-ca6-1992.