Burlington Northern & Santa Fe Railway Co. v. Brotherhood of Maintenance of Way Employees

286 F.3d 803, 169 L.R.R.M. (BNA) 2923, 2002 U.S. App. LEXIS 6028, 2002 WL 433149
CourtCourt of Appeals for the Fifth Circuit
DecidedApril 4, 2002
Docket01-10538
StatusPublished
Cited by12 cases

This text of 286 F.3d 803 (Burlington Northern & Santa Fe Railway Co. v. Brotherhood of Maintenance of Way Employees) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burlington Northern & Santa Fe Railway Co. v. Brotherhood of Maintenance of Way Employees, 286 F.3d 803, 169 L.R.R.M. (BNA) 2923, 2002 U.S. App. LEXIS 6028, 2002 WL 433149 (5th Cir. 2002).

Opinions

JERRY E. SMITH, Circuit Judge:

I.

A union appeals an injunction issued under the Railway Labor Act (“RLA”). The six appellee railroad carriers have obtained, on summary judgment, an injunction against appellant Brotherhood of Maintenance of Way Employees (“BMWE”) requiring it to give ten days’ notice before initiating a “strike, work stoppage, picketing or other self help” against any of the carriers. Burlington N., Santa Fe Ry. v. BMWE, 143 F.Supp.2d 672, 696 (N.D.Tex.2001) ("Burlington Northern”). In that published Memorandum Opinion and Order, the district court provides an impressive and detailed evaluation of the facts and law and a persuasive explanation of its reasons for entering the injunction. Finding no error, we affirm, essentially on the basis of the district court’s well-crafted opinion, except to the extent that we provide further analysis below.

As the district court found, the BMWE has a long history of launching strikes without warning, including many that are illegal under the RLA. See id. at 694 (finding that “[t]he court can, and does, infer from the facts thus found that BMWE has a pattern, practice, and policy of authorizing, encouraging, permitting, [805]*805calling or engaging in strikes, work stoppages, picketing, and other self-help against plaintiffs and their subsidiaries over what BMWE claims are unilateral changes in agreements.... [T]he conduct of the BMWE in engaging in activities of that kind without giving the affected carrier advance notice ... violate[s] BMWE’s duties under § 152 First.”). Since 1993, “BMWE has struck, attempted to strike, or threatened to strike plaintiffs at least eighteen times, including nine cases in which pickets went up and/or operations were disrupted until the affected plaintiff was able to obtain a temporary restraining order.” Id. at 679.

In the year preceding the injunction, “BMWE ... accelerated its practice of strikes against the plaintiffs, with four incidents” between February 2000 and early 2001. Id. “In each case, BMWE planned its strike in secret and made every effort to implement the strike before the affected carrier could obtain a temporary restraining order.” Id.1

BMWE claims that its policy of surprise strikes does not violate the RLA and that the injunction is forbidden by the Norris-LaGuardia Act (“NLGA”). We conclude that the BMWE’s actions violated its duties under the RLA and that the NLGA does not bar an injunction under the specific circumstances of this case.

II.

A.

We first consider the BMWE’s duties under the RLA. It is well established that “the major purpose of Congress in passing the Railway Labor Act was to provide a machinery to prevent strikes.” Tex. & New Orleans R.R. v. Bhd. of Ry. & Steamship Clerks, 281 U.S. 548, 565, 50 S.Ct. 427, 74 L.Ed. 1034 (1930) (quotations omitted). To further this goal, § 152 First of the RLA comprehensively requires that labor and management “exert every reasonable effort ... to settle all disputes ... in order to avoid any interruption to commerce or to the operation of any carrier growing out of any dispute between the carrier and the employees thereof.” 45 U.S.C. § 152 First (1994) (emphasis added). “[T]he obligation under § [152] First is central to the effective working of the Railway Labor Act,” and compliance therefore can be enforced by injunction. Chicago & N.W. Ry. v. United Transp. Union, 402 U.S. 570, 578-79, 91 S.Ct. 1731, 29 L.Ed.2d 187 (1971).

BMWE contends that the legislative history of the RLA mandates a narrower construction of the RLA than the text alone would dictate. Even if the BMWE’s view of the legislative history is sound, this argument is unavailing, because “[l]egislative history is relegated to a secondary source behind the language of the statute in determining congressional intent; even in its secondary role legislative history must be used cautiously.” Aviall Serv., Inc. v. Cooper Indus., Inc., 263 F.3d 134, 140-41 (5th Cir.) (internal citations omitted), vacated for rehearing en banc, 278 F.3d 416 (5th Cir.2001).2

[806]*806BMWE’s deliberate policy of repeatedly calling surprise strikes violates the statutory requirement that railroads and unions “exert every reasonable effort ... to settle all disputes ... in order to avoid any interruption to commerce.” 45 U.S.C. § 152 First. A surprise strike makes it difficult or impossible to resolve the underlying dispute between labor and management without “interruption to commerce.” Id. Because management is unaware that a strike is impending, it cannot take steps that might prevent it. In cases where the contemplated surprise strike is illegal under the RLA, the carrier cannot obtain an injunction against it until after the strike has begun and an “interruption to commerce” has already occurred.

In addition to violating § 152 First, many of BMWE’s surprise strikes were held to be in violation of the requirement that unions can resort to strikes in a dispute over “minor” issues only if they first have exhausted the RLA’s compulsory dispute resolution mechanisms. Burlington Northern, 143 F.Supp.2d at 680-85 (describing seven cases in which BMWE was enjoined from striking the appellees because the dispute at issue was minor).3 This circumstances strengthens the conclusion that BMWE was engaged in a pattern of illegal activity.

B.

Precedent from other circuits supports this conclusion. Judge Leventhal, writing for the District of Columbia Circuit, held that “the continuing duty of responsible bargaining under the [RLA] fairly embraces reasonable notice of a strike or lockout or other self help.” Del. & Hudson Ry. v. United Transp. Union, 450 F.2d 603, 622 (D.C.Cir.1971). BMWE’s argument that Delaware & Hudson was not decided under § 152 First is irrelevant, because the reasoning of the court is based on a generalized RLA “duty of responsible bargaining” that applies to § 152 First as readily as to other provisions of the Act.4 Id.

The Eleventh Circuit recently has held that “[w]hen the public interest, commerce, and a clear statutory provision are implicated, we will not shy away from holding the parties to their duties under the RLA so as to avoid ‘any interruption to [807]*807commerce.’ ” Delta Air Lines, Inc. v. Air Line Pilots Ass’n, Int’l, 238 F.3d 1300, 1308 (11th Cir.) (quoting § 152 First), cert. denied, 532 U.S. 1019, 121 S.Ct. 1958, 149 L.Ed.2d 754 (2001).

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286 F.3d 803, 169 L.R.R.M. (BNA) 2923, 2002 U.S. App. LEXIS 6028, 2002 WL 433149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burlington-northern-santa-fe-railway-co-v-brotherhood-of-maintenance-of-ca5-2002.