CSX Transportation, Inc. v. United Transportation Union

29 F.3d 931
CourtCourt of Appeals for the Fourth Circuit
DecidedJuly 21, 1994
DocketNo. 93-2407
StatusPublished
Cited by1 cases

This text of 29 F.3d 931 (CSX Transportation, Inc. v. United Transportation Union) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
CSX Transportation, Inc. v. United Transportation Union, 29 F.3d 931 (4th Cir. 1994).

Opinion

Affirmed by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge WILLIAMS and Judge HILTON joined.

OPINION

MURNAGHAN, Circuit Judge:

CSX Transportation Incorporated (“CSXT”) has appealed the district court’s affirmance of Arbitration Award No. 22 of Public Law Board No. 4069. That arbitration resolved a dispute between CSXT and the United Transportation Union (“UTU”) and requires CSXT to provide end of train devices (“ETD’s”) on certain of its caboose-less trains.

CSXT has asserted that the district court erred in affirming the arbitration award, because the arbitration board misinterpreted the applicable labor agreement and statutes, or, alternatively, exceeded its authority by ignoring the terms of the relevant collective bargaining agreement.

I

A

Pursuant to the Railway Labor Act, 45 U.S.C. §§ 151 et seq. (1988) (“RLA”), and Executive Order 12373, President Reagan created Emergency Board No. 195 in July 1982 to investigate certain disputes between the UTU and several railroads represented in national bargaining by the National Carriers’ Conference Committee of the National Railway Labor Conference. Among the railroads represented was the Western Maryland Railway Company (“WM”), which was subsequently merged into CSXT. One of the issues to be investigated by the Emergency Board was whether and under what circumstances cabooses could be eliminated from rail service.

After conducting hearings on the issue of cabooseless trains, the Emergency Board issued a report to the President. The report stated, that subject to certain conditions and limitations, cabooses could be eliminated in each class of service without undermining safety and operational considerations. The Emergency Board recommended that the [933]*933UTU and the railroads negotiate appropriate guidelines to address various issues related to the removal of cabooses and that the parties resolve any disputes about such issues through arbitration. In accordance with those findings, the UTU and the railroads, including WM, negotiated and included in their 1982 National Agreement (“National Agreement”) guidelines concerning the removal of cabooses from rail services.

On November 5, 1982 pursuant to provisions in the National Agreement, WM served notice on the UTU of its intention to operate certain trains without cabooses. The parties subsequently were unable to reach an agreement on this issue and, pursuant to the National Agreement, submitted the issue to the National Mediation Board for formal arbitration. Arbitrator Leverett Edwards was selected as- the neutral arbitrator. Both parties submitted ex parte briefs in support of their positions and presented evidence at a hearing that lasted over a nine day period in June 1983.

On September 7,1983, the Edwards Board issued its award, finding that cabooses could be eliminated in all classes of rail service subject to a number of conditions. The award did not explicitly require the railroads to employ ETD’s as a condition to operating without cabooses; however, as will be discussed more fully below, the use of ETD’s was discussed during these proceedings and the award specifically refused to decide the question of whether trainmen/yardmen should be required to perform the rear end device function.1 The award stated that that issue should be resolved in accordance with the procedures set forth in the RLA.

Approximately four and one-half years later, from February 20 through 23, 1988, CSXT (as the successor of WM), operated several cabooseless trains without ETD’s. Subsequently, on April 18, 1988 a local UTU chairman filed a claim with CSXT for two hours penalty pay on behalf of ten claimants who operated the aforementioned trains. On May 17, 1988, the claim was denied on the ground that the Edwards Award did not require the carrier to replace a caboose with anything specific. After exhausting the appeals procedure, the UTU took the claim to arbitration. Pursuant to the RLA, the claim was submitted for resolution to Public Law Board No. 4069. Herbert L. Marx, Jr. was selected as the neutral arbitrator.2 After considering both ex parte submissions and live testimony, the Marx Board concluded that CSXT was obligated to equip the trains that had been the subject of the Edwards arbitration with ETD’s and that the failure to do so was remediable by providing two hour penalty pay to the claimants. CSXT then appealed the Marx Board Ruling to the federal district court for the District of Maryland.

B

Applying the narrow standard of review employed in the consideration of arbitration awards, the district court determined that its role was to decide whether the Marx Board was “arguably construing or applying the contract” in reaching its decision. See United Paperworkers Int’l Union v. Misco, Inc., 484 U.S. 29, 38, 108 S.Ct. 364, 370-71, 98 L.Ed.2d 286 (1987).

The district court found its starting point in the National Agreement into which the parties entered in 1982. Article X of the Agreement addresses the issue of elimination of cabooses as follows:

Pursuant to the recommendations of Emergency Board No. 195, the elimination of requirements for or affecting the utilization of cabooses, as proposed by the carriers in their notice ..., will be handled on an individual basis in accordance with the following agreed upon procedures and guidelines.
Cabooses may be eliminated from trains or assignments in any or all classes of service by agreement of the parties. Cabooses in all classes of service other than [934]*934through freight service are subject to elimination by agreement or, if necessary, by arbitration.

National Agreement, art. X (Ex 2, Attach. B to Am. Pet. For Review of Award No. 22 of Public Law Board No. 4069).

The district court then canvassed the procedural requirements of the National Agreement pertaining to arbitration. It found that pursuant to the Agreement, WM gave notice of its intent to operate certain trains without cabooses on November 5, 1982. The parties met on numerous occasions, but were unable to reach an agreement. On March 17, 1983, WM and other railroads jointly invoked arbitration pursuant to Section 1 of Article X of the National Agreement. In reviewing the transcript of the hearing before Arbitrator Edwards, the district court found that C.J. Shuler, Senior Director of Labor Relations for WM, testified as follows:

The Carrier, as we will explain, has developed, for the use on cabooseless trains, an “end of train” device which fully meets, and, in fact, exceeds the standards imposed by the FRA.
We stipulate, at this time, that in any cabooseless train operation, ensuing from this proceeding and determination, such equipment will be employed on trains operating without cabooses, where required, to conform with FRA or other regulations.

CSXT Am. Pet. For Review, Ex. 3, Attach. P at 1-2 (emphasis added).

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29 F.3d 931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/csx-transportation-inc-v-united-transportation-union-ca4-1994.