Burlington Northern Railroad v. Brotherhood of Maintenance of Way Employes

791 F. Supp. 744, 143 L.R.R.M. (BNA) 2293, 1992 U.S. Dist. LEXIS 13334, 1992 WL 122888
CourtDistrict Court, N.D. Illinois
DecidedJune 5, 1992
DocketNo. 92 C 3667
StatusPublished

This text of 791 F. Supp. 744 (Burlington Northern Railroad v. Brotherhood of Maintenance of Way Employes) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burlington Northern Railroad v. Brotherhood of Maintenance of Way Employes, 791 F. Supp. 744, 143 L.R.R.M. (BNA) 2293, 1992 U.S. Dist. LEXIS 13334, 1992 WL 122888 (N.D. Ill. 1992).

Opinion

ORDER

ALESIA, District Judge.

Before the court, acting as emergency judge, is the motion of plaintiff, Burlington Northern Railroad Company (“BN”), for a temporary restraining order (“TRO”) enjoining defendants, the Brotherhood of Maintenance of Way Employes (“BMWE”), Brotherhood of Locomotive Engineers (“BLE”), Allied Services Division and Brotherhood of Railway Carmen, divisions of Transportation Communications Union (“TCU”), Brotherhood of Railway Signalmen (“BRS”), International Brotherhood of Electrical Workers (“IBEW”), Sheet Metal Workers International Association (“SMWIA”), International Brotherhood of Firemen & Oilers (“IBFO”), International Association of Machinists (“IAM”), International Brotherhood of Boilermakers — Iron Ship Builders — Blacksmiths—Forgers & Helpers (“IBB”), Transportation Communications Union, and United Transportation Union (“UTU”) (collectively “defendants”), from engaging in a sympathy strike. We grant the TRO.

FACTS

The facts are straightforward and not disputed by the parties. Sometime prior to May 26, 1992, BN contracted for services with Coordinated Intermodal Control, Inc. (“CIC”) for hostling and other services. In performing its services under the contract, CIC would have approximately 40-45 people at BN’s Cicero facility. CIC’s employees are represented by Teamsters Local No. 705.

Thereafter, on May 26, 1992, BN terminated its contract with CIC according to the terms of the parties’ agreement. At that time, BN directed that CIC would no longer perform services for BN at that facility. As a result, CIC has no offices and no employees at BN’s Cicero facility. Subsequently, on May 27, 1992, another contractor, Pacific Rail Services, began performing the services previously provided by CIC. Pacific Rail Services is not owned, controlled or operated by BN. The employees of Pacific Rail Services are not represented by the Teamsters.

On June 3, 1992, persons identified as IBT Local No. 705 members began picketing BN facilities in Cicero, at the Cicero Intermodal facility (located between 26th Street and Ogden Avenue), and at BN’s Western Avenue Intermodal facility. The picketing occurred in front of both of these facilities, with the apparent objective of encouraging a general strike against BN not only by BN employees, but by all the contractor employees which bring trailers and containers to BN’s facilities for rail transportation. Consequently, IBT’s strike activities against BN have resulted in BN employees honoring the Teamster’s picketing of BN’s Cicero facilities and not reporting for work.

DISCUSSION

In deciding whether a TRO is appropriate, the movant must demonstrate, as a threshold matter, that: “(1) they have no adequate remedy at law; (2) they will suffer irreparable harm if the injunction is not granted; and (3) they have some likelihood of success on the merits in the sense that their ‘chances are better than negligible.’ ” National People’s Action v. Village of Wilmette, 914 F.2d 1008, 1010 (7th Cir.1990) (quoting Roland Machinery Co. v. Dresser Industries, Inc., 749 F.2d 380, 386-87 (7th Cir.1984); Thornton v. Barnes, 890 F.2d 1380, 1384 (7th Cir.1989). If the movant can meet this threshold burden, the inquiry then becomes a “sliding scale” analysis of the harm to the parties and the public from the grant or denial of the injunction and the actual likelihood of success on the merits. Thornton v. Barnes, 890 F.2d at 1384. In particular, and keeping in mind that the public interest may become important in a given case, the more likely the plaintiff is to win, the less heavily need the balance of harms weigh in its favor in order to get the injunction; the less likely plaintiff is to win, the more need it weigh in its favor. Thornton v. Barnes, 890 F.2d at 1384. After careful consideration of the pleadings, entertaining oral ar[746]*746gument from counsel for plaintiff and defendants on June 4, 1992, and independently researching the legal issues, we conclude that plaintiff has satisfied each of these elements.

As an initial matter, we have considered and reject defendants’ argument that the Norris-LaGuardia Act (“NLGA”), 29 U.S.C. §§ 101-115 et seq. and the Supreme Court’s opinion in Buffalo Forge Co. v. United Steelworkers of America, 428 U.S. 397, 96 S.Ct. 3141, 49 L.Ed.2d 1022 (1976), deprive this court of jurisdiction to issue an injunction. We are satisfied that the Railway Labor Act (“RLA”) controls in this situation. In fact, the Supreme Court in Burlington Northern Railroad Co. v. Brotherhood of Maintenance of Way Employes, 481 U.S. 429, 107 S.Ct. 1841, 95 L.Ed.2d 381 (1987), expressly recognized that the NLGA does not bar federal courts from issuing injunctions to enforce the requirements of the RLA. See also Long Island Railroad Co. v. Int’l Ass’n of Machinists, 874 F.2d 901, 909 (2d Cir.1989), cert. denied, 493 U.S. 1042, 110 S.Ct. 836, 107 L.Ed.2d 831 (1990); Southeastern Pennsylvania Transportation Authority v. Brotherhood of Railway Signalmen, 882 F.2d 778, 789 (3d Cir.1989), cert. denied, 493 U.S. 1044, 110 S.Ct. 840, 107 L.Ed.2d 835 (1990). Therefore, we find that the NLGA may not be read alone in matters dealing with railway labor disputes. In our view, there must be an accommodation of the NLGA, and the RLA, so that the purpose of the RLA is preserved.

The RLA is designed to prevent the disruption of the nation’s rail service by providing for the “prompt and orderly settlement” of disputes between labor and management “growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions.” 45 U.S.C. § 151a. By its terms, the RLA sets forth an arbitration and mediation process designed to settle all “major” and “minor” disputes between a carrier and its employees. Based on our interpretation of relevant case law, and the facts as presented to us by counsel, we are satisfied that the issue raised in this case is a minor dispute.

A minor dispute “relates either to the meaning or proper application of a particular provision in a collective bargaining agreement with reference to a specific situation or to an omitted case.” Southeastern Pennsylvania Transportation Authority, 882 F.2d at 782. Minor disputes are subject to arbitration before the National Railroad Adjustment Board. 45 U.S.C.

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

Related

Buffalo Forge Co. v. United Steelworkers
428 U.S. 397 (Supreme Court, 1976)
Roland MacHinery Company v. Dresser Industries, Inc.
749 F.2d 380 (Seventh Circuit, 1984)
The Long Island Railroad Company v. International Association of MacHinists Metro-North Commuter Railroad Company v. International Association of MacHinists & Aerospace Workers ("Iam"), Nj Transit Rail Operations, Inc., an Instrumentality of the State of New Jersey v. The Brotherhood of Railroad Signalmen, an Unincorporated Association, National Railroad Passenger Corporation v. American Railway & Airway Supervisors Association, F. Ferlin, Jr., President, American Railway and Airway Supervisors Association, A.A. D'allesandso, System General Chairman, American Railway and Airway Supervisors Association, J.N. Fountain, President and General Chairman, (Obs)-Lodge 5093, American Railway and Airway Supervisors Association, E.J. Gutowski, General Chairman (Mw), American Railway and Airway Supervisors Association, Sherman E. Jennings, Vice President and Vice General Chairman, Arasa Lodge 5093, American Railway and Airway Supervisors Association, Amtrak Service Workers Council, J.M. Parker, Chairman, Amtrak Service Workers Council, E. Monroe, Vice Chairman, Amtrak Service Workers Council, J. Czuczman, Vice Chairman, Amtrak Service Workers Council, American Train Dispatchers Association, R.J. Irvin, President, American Train Dispatchers Association, W.A. Clifford, Vice President, American Train Dispatchers Association, R.A. Verdi, General Chairman, American Train Dispatchers Association, Brotherhood of Locomotive Engineers, L.D. McFather President, Brotherhood of Locomotive Engineers, R.P. McLaughlin First Vice President, Brotherhood of Locomotive Engineers, D.L. Lindsey, Vice President, Brotherhood of Locomotive Engineers, G.R. Debolt, Vice President, Brotherhood of Locomotive Engineers, R.E. Wiggins, Acting General Chairman, Brotherhood of Locomotive Engineers, Brotherhood of Maintenance of Way Employees, G.N. Zeh, President, Brotherhood of Maintenance of Way Employees, W.E. Larue, Vice President, Brotherhood of Maintenance of Way Employees, J.P. Cassese, Sr., General Chairman, Brotherhood of Maintenance of Way Employees, J. Dodd, General Chairman, Brotherhood of Maintenance of Way Employees, J.J. Davison, General Chairman, Brotherhood of Maintenance of Way Employees, Brotherhood of Railroad Signalmen, V.M. Speakman, President, Brotherhood of Railroad Signalmen, W.A. Radziewicz, Vice President, R.E. McKenzie General Chairman, Brotherhood of Railroad Signalmen, International Association of MacHinists W. Winpisinger, International President, International Association of MacHinists J. Peterpaul, General Vice President, International Association of MacHinists J.E. Burns, Jr., President and Directing General Chairman, International Association of MacHinists E.B. Kostakis, President and Directing General Chairman, International Association of MacHinists International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Mr. Alan M. Scheer, International Representative, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, C.W. Jones, International President, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, International Brotherhood of Electrical Workers, John J. Barry, International President, International Brotherhood of Electrical Workers, E.P. McEntee International Vice President, International Brotherhood of Electrical Workers, P.A. Puglia, General Chairman, International Brotherhood of Electrical Workers, J.A. McAteer International Brotherhood of Electrical Workers, International Representative, International Brotherhood of Firemen and Oilers, J.L. Walker, International President, International Brotherhood of Firemen and Oilers, G.J. Francisco, Jr., General Chairman and International Vice President, International Brotherhood of Firemen and Oilers, Joint Council of Carmen, Helpers, Coach Cleaners Apprentices, J.E. Allred, Vice President, Brotherhood of Railroad Carmen, J. Czuczman, Chairman, International Brotherhood of Firemen and Oilers, Railroad Yardmasters of America, J.C. Thomas, Vice President & General Chairman, Railroad Yardmasters of America, J.L. Roy, Assistant to President, Director, Railroad Yardmasters of America, Sheet Metal Workers International Association, H.W. Randolph, Jr., General Chairman, Transportation Communications Union, United Transportation Union, F.A. Hardin, President, United Transportation Union, L.R. Davis, Vice President, United Transportation Union, W.A. Beebe, General Chairman, United Transportation Union, C.P. Jones, General Chairman, United Transportation Union, S.F.A. McGregor (Stewards), General Chairman, United Transportation Union, E.J. Carlough, International President, Sheet Metal Workers International Association, D.C. Buchanan, Director of Railroads, Sheet Metal Workers International Association, C.J. Welch, General Chairman, Sheet Metal Workers International Association, Transportation Communications Union, R.I. Kilroy, International President, Transportation Communications Union, R.A. Scardelletti, Transportation Communications Union, International Vice President, J.M. Parker, General Chairman, Transportation Communications Union, Larry J. Wotaszak, Vice President, United Transportation Union
874 F.2d 901 (First Circuit, 1989)
Thornton v. Barnes
890 F.2d 1380 (Seventh Circuit, 1989)
Illinois v. Sequoia Books, Inc.
493 U.S. 1042 (Supreme Court, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
791 F. Supp. 744, 143 L.R.R.M. (BNA) 2293, 1992 U.S. Dist. LEXIS 13334, 1992 WL 122888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burlington-northern-railroad-v-brotherhood-of-maintenance-of-way-employes-ilnd-1992.