Brotherhood of Locomotive Engineers v. Kansas City Southern Railway Co.

26 F.3d 787
CourtCourt of Appeals for the Eighth Circuit
DecidedMay 26, 1994
DocketNo. 93-2944
StatusPublished
Cited by6 cases

This text of 26 F.3d 787 (Brotherhood of Locomotive Engineers v. Kansas City Southern Railway Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brotherhood of Locomotive Engineers v. Kansas City Southern Railway Co., 26 F.3d 787 (8th Cir. 1994).

Opinion

BOWMAN, Circuit Judge.

The Brotherhood of Locomotive Engineers and three individuals (collectively, BLE) brought suit against the Kansas City Southern Railway Company (KCS) and the United Transportation Union (UTU) seeking declaratory and injunctive relief under the Railway Labor Act (RLA), 45 U.S.C. §§ 151-188 (1988), to invalidate and to enjoin enforcement of a side letter to the labor agreement between UTU and KCS, an agreement to which BLE was not a party. The District Court1 granted summary judgment for KCS and UTU, and BLE appeals. We affirm.

BLE is a railroad union and the recognized bargaining representative for KCS’s locomotive engineers.2 UTU likewise is a railroad union, the authorized bargaining unit for KCS employees who are members of what is known in the industry as the “train service” craft: conductors, brakemen, and switchmen. Both unions thus have collective bargaining agreements with KCS, and both of those agreements contain “union shop” provisions. Under § 2 Eleventh of the RLA, a union and a railroad may enter into an agreement that requires all employees in certain crafts to join the union within sixty days of employment. 45 U.S.C. § 152 Eleventh (a). This is known as a union shop or union security agreement. Congress added § 2 [790]*790Eleventh, the union shop provision, to the RLA in 1951 so that all employees would be compelled to share in the costs of union representation. Ellis v. Brotherhood of Ry., Airline & S.S. Clerks, 466 U.S. 435, 446, 104 S.Ct. 1883, 1891, 80 L.Ed.2d 428 (1984).

The seasonal nature of some railroad work and the consequent mobility of operating employees among the crafts, most especially between engine service and train service, makes union shop obligations in the railroad industry more onerous than they are in other industries. See Dempsey v. Atchison, Topeka & Santa Fe Ry., 16 F.3d 832, 837 (7th Cir.1994). As the need for engineers increases, railroads draw new engineers from train service. When fewer engine service positions are available, junior engineers are bumped back to train service. Thus union shop obligations present railroad operating employees with a Hobson’s choice: either “belong to two unions — one representing each of his crafts — or ... shuttle between unions as he shuttles between jobs. The former alternative would, of course, be expensive and sometimes impossible, while the latter would be complicated and might mean loss of seniority and union benefits.” Pennsylvania R.R. v. Rychlik, 352 U.S. 480, 490, 77 S.Ct. 421, 426, 1 L.Ed.2d 480 (1957). Congress therefore modified the RLA’s union shop provision to the extent that those employees in the operating crafts may satisfy a union shop obligation by membership in any national labor organization that represents the carrier’s operating employees, is organized under the RLA, and is qualified as an elector of the union representatives on the National Railroad Adjustment Board. 45 U.S.C. § 152 Eleventh (c); Rychlik, 352 U.S. at 485, 77 S.Ct. at 423. Thus, a train service employee promoted to engineer, possibly involuntarily and often temporarily, need not give up his UTU membership and join BLE in order to meet his union'shop obligation. Likewise, a junior engineer bumped back to train service as the need for engineers wanes may maintain his membership in BLE, assuming he has joined that union, and thus satisfy the union shop requirement. Any employee is free to resign membership in one union and join any other for which he is eligible. The employee may maintain multiple memberships, but he cannot be required to do so.

Beginning in 1988 and through 1991, BLE, UTU, and KCS were involved in nationwide negotiations made necessary when the railroads sought to reduce the number of workers on each train. On May 3, 1990, with the issue unresolved, President George Bush created Presidential Emergency Board 219 (PEB 219) to investigate the disputes upon which the parties were unable to reach agreement and to report its findings. On January 15, 1991, PEB 219 issued recommendations that the individual parties negotiate (rather than continuing with futile nationwide negotiation), to be followed by binding arbitration in the cases where negotiation at the local or regional level failed. Many of the parties then reached agreement. KCS and UTU were not among them.

In view of the important national interest in maintaining essential transportation services, Congress voted to impose the recommendations of PEB 219 upon those parties with unresolved issues, as though the parties themselves had agreed to those recommendations. Settlement of Railroad Labor-Management Disputes, Pub.L. No. 102-29, 105 Stat. 169 (1991). UTU and KCS went to arbitration and finally reached a new “crew consist” agreement, i.e., an agreement concerning reduction in crew size. Side Letter No. 3, the focal point of contention in this case, was a part' of the final arbitration package. That letter agreement requires those train service employees transferring to engine service to continue paying dues to UTU if (but only if) they wish to continue to accrue train service seniority. Failure to pay UTU dues freezes the employee’s train service seniority at the level it was when he moved to engine service, but does not reduce train service seniority already earned during his tenure with KCS. The practical effect, then, of a train service employee’s failure to pay dues to UTU after transfer to engine service is that junior engineers who are laid off in engine service when engineer positions are cut back may find themselves unable to return to train service if they have been bypassed in seniority by more junior employees who have less continuous service with KCS [791]*791overall but more accumulated train service seniority as a UTU member.

The text of Side Letter No. 3,3 as reproduced in Appellants’ Appendix, is as follows:

Dear Sirs:
In view of the changes set forth in this Award concerning the existing Crew Consist Agreement, the following will apply to future train service employees transferring to engine service:
Effective with the date of this Award, train service employees transferring to engine service will have their train service seniority placed in leave of absence status and will continue to accumulate such seniority. This will apply to the period of time that such employees are required to protect their engine service seniority. Full dues to the UTU will be required while -maintaining and accumulating train service seniority under the revised Crew Consist Agreement as set forth in the Award. The Carrier is instructed to advise the UTU General Chairman in writing, when train service employees are transferred to engine service.

BLE argues that Side Letter No. 3 and the manner in which it was negotiated (that is, without giving BLE the opportunity to be included in the negotiations) violate various provisions of the RLA.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Fullove v. Fullove
N.D. California, 2024
Held v. American Airlines, Inc.
13 F. Supp. 2d 20 (District of Columbia, 1998)
Wightman v. Springfield Terminal Railway Co.
915 F. Supp. 503 (D. Massachusetts, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
26 F.3d 787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brotherhood-of-locomotive-engineers-v-kansas-city-southern-railway-co-ca8-1994.