Consolidated Rail Corp. v. United Transportation Union

753 F. Supp. 1574, 1990 U.S. Dist. LEXIS 17932, 1990 WL 252267
CourtSpecial Court under the Regional Rail Reorganization Act
DecidedDecember 21, 1990
DocketCiv. A. No. 83-16
StatusPublished
Cited by1 cases

This text of 753 F. Supp. 1574 (Consolidated Rail Corp. v. United Transportation Union) is published on Counsel Stack Legal Research, covering Special Court under the Regional Rail Reorganization Act primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Consolidated Rail Corp. v. United Transportation Union, 753 F. Supp. 1574, 1990 U.S. Dist. LEXIS 17932, 1990 WL 252267 (reglrailreorgct 1990).

Opinion

MEMORANDUM OPINION AND ORDER

WEINER, District Judge.

I. Introduction

Once again we revisit the consequences resulting from the passage by Congress of the Northeast Rail Service Act of 1981 (“NRSA”). On October 7, 1983, plaintiff Consolidated Rail Corporation (“Conrail”) filed a complaint against the United Transportation Union (“UTU”), the International Brotherhood of Electrical Workers (“IBEW”), the Brotherhood of Locomotive Engineers (“BLE”) and their general chairmen. These unions had each sought to arbitrate certain claims for job protection arising out of Conrad’s decisions to abandon certain rail and telecommunication services. The complaint seeks a declaratory judgment, injunctive relief and enforcement of § 708 of the Regional Rail Reorganization Act of 1973 (“the Rail Act”), as added by § 1143(a) of NRSA. Conrail argues that these sections relieve it of the obligation to enter into arbitration of certain disputes which have arisen with the defendant unions.

In their answers to Conrad's complaint, the unions have each raised several counterclaims. IBEW’s counterclaim seeks a declaration that Conrail has violated Section 2 First of the Railway Labor Act (“RLA”) and § 706 of the Rail Act by not complying with provisions contained in the so-called 1964 Shop Craft Agreement (“the 1964 Agreement”) and by not entering into an implementing agreement under § 706. IBEW also seeks an injunction requiring Conrail to pay the compensation required by the 1964 Agreement or,- in the alternative, to arbitrate the claims. BLE’s coun[1576]*1576terclaim seeks a declaration that the repeal of Title V did not abrogate Article R-s-2 of its collective bargaining agreement with Conrail. It further argues that the disagreement is one properly for arbitration. Alternatively, it avers that if the Court finds Conrail’s position to be correct, we must declare Article R-s-2 of its collective bargaining agreement void for failure of consideration. Finally, UTU’s counterclaim seeks a declaration that neither the Rail Act nor NRSA invalidates Article XIII of its January 27, 1972 National Agreement. It also seeks an order directed to Conrail to comply with the Article.

The parties, with the exception of IBEW, have each filed a statement of material facts as to which no dispute purportedly exists. Conrail has, however, filed a coun-terstatement, challenging several of the unions’ contractual interpretations, concerning their respective collective bargaining agreements. As we are able to distinguish between what is stipulated as fact and what is argued as interpretation, we find that no genuine issue of material fact exists and that the matter is ripe for decision as a matter of law. We shall first set out the undisputed facts, then address the claims before the Court. Jurisdiction over the subject matter of this action is appropriate in this Court, pursuant to 45 U.S.C. § 1105.

II. Facts

1. Conrail is a Pennsylvania corporation. It is a common carrier by railroad engaged in the transportation of goods in interstate commerce.

2. UTU is an unincorporated association. It is the duly designated representative under RLA of the crafts or classes of conductors, brakemen, switchmen and yardmasters. S.T. Malizia was, at the time this action.was filed, General Chairman of the UTU General Committee of Adjustment. He has since been replaced by F.R. Pickell.

3. IBEW is an unincorporated association. It is the duly designated representative of certain employees in the non-operating crafts or classes of employees, particularly, electricians, mechanics, helpers and apprentices. P.A. Puglia is the IBEW General Chairman for Conrail.

4. BLE is an unincorporated association. It is the duly designated representative of. certain employees in operating crafts or classes, particularly, engineers. D.F. Riley was, at the time this action was filed, the General Chairman of the BLE General Committee of Adjustment.

5. Section 504(a) of the Rail Act, which was repealed effective September 1, 1981 by Section 1144(a) of NRSA, required Conrail to be a successor to its predecessor railroads’ collective bargaining agreements: It was required, with one exception, to apply those agreements as though an original party thereto, until completion of single collective bargaining agreements, as required by Section 504(d). The one exception to the successorship requirement was that “the Agreement of May 1936, Washington, D.C. and provisions in other existing job stabilization agreements shall not be applicable to transactions effected pursuant to this Act with respect to which the provisions of section 505 of this title shall be superseding and controlling.” 45 U.S.C. § 774(a) (repealed).

6. Section 504(d) of the Rail Act (formerly 45 U.S.C. § 774(d)) provided for the negotiation of new collective bargaining agreements for each craft or class of employees and further directed that those agreements “shall include appropriate provisions concerning rates of pay, rules and working conditions but shall not include any provisions for job stabilization resulting from any transaction effected pursuant to the Act which may exceed or conflict with those established or prescribed herein.” 45 U.S.C. § 774(d) (repealed). Section 504(d) was also repealed effective September 1, 1981 by Section 1144(a) of NRSA.

7. Section 706 of the Rail Act, 45 U.S.C. § 797e, was added by Section 1143(a) of NRSA, effective August 13, 1981. Section 706 reenacted former Section 503 of the Rail Act so that Conrail “shall have the right to assign, allocate, reassign, reallocate and consolidate work formerly performed” on the rail properties acquired by [1577]*1577Conrail from the former railroads in reorganization, if such action

does not remove such work from coverage of a collective bargaining agreement and does not infringe upon the existing classification of work right or any craft or class of employees at the location or facility to which such work is assigned, allocated, reassigned, reallocated or consolidated.

It is the position of the unions that, before this authority could be exercised, Conrail was required to negotiate an agreement permitting the involved employees “the right to follow their work.” Conrail disputes this interpretation. By reason of § 797e(b), Conrad’s right to assign work expires when the funds provided for termination allowances in § 797 are no longer available.

8. Section 708 of the Rail Act, 45 U.S.C. § 797g, was also added by Section 1143(a) of NRSA. Section 708 reenacted former Section 504(d) and continued the requirement of a new single collective bargaining agreement for each class and craft of employees within 45 days after the enactment of Title VII of the Rail Act.

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

Related

Penn Cent. Corp. v. United States
862 F. Supp. 437 (Special Court under the Regional Rail Reorganization Act, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
753 F. Supp. 1574, 1990 U.S. Dist. LEXIS 17932, 1990 WL 252267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/consolidated-rail-corp-v-united-transportation-union-reglrailreorgct-1990.