Fletcher H. Hanson v. The Chesapeake and Ohio Railway Company, a Corporation

412 F.2d 631, 71 L.R.R.M. (BNA) 2649, 1969 U.S. App. LEXIS 11949
Court of Appeals for the Fourth Circuit·Decided June 13, 1969·No. 12891_1·Published·Cited by 9 cases

Opinion

BUTZNER, Circuit Judge:

The district court, concluding that the 1966 amendments to the Railway Labor Act deprived it of jurisdiction to enforce an award of the third division, National Railroad Adjustment Board, dismissed these actions and remanded the proceedings to the board. 1 We believe, however, the amendments did not work such a drastic change in the district court’s jurisdiction over the board’s awards, and we vacate the judgment of dismissal.

In 1960 the board found that the Chesapeake & Ohio Railway had violated its collective bargaining agreement with the Brotherhood of Railway and Steamship Clerks, Freight-Handlers, Express and Station Employees by unilaterally removing work from the Huntington, West Virginia seniority district to the Ashland, Kentucky seniority district. The award provided in part:

“(b) That each and every employe whose position was nominally abolished, other employes at interest who in any way suffered wage loss or were adversely affected, through the arbitrary action of the Carrier in disregarding their seniority rights and removing their work to another seniority district and denying them the right to follow such work be compensated for any and all loss or adverse effect retroactive to the date on which the violation occurred. Claim to continue until correction is made.”

After the C & 0 paid the employees who it conceded were adversely affected, 2 29 employees brought these actions contending that they, too, were entitled to compensation, and 11 more sought to have their compensation increased. Initially unsuccessful, the employees finally established the validity of that portion *633 of the award which found that the C & 0 had violated the collective bargaining agreement, and the case was remanded to the district court for a determination of the damages to which each was entitled. 3 . The district judge referred the claims to a special master, who ruled on the status of the employees, holding some within the class covered by the award and others not. However, the district judge, in dismissing the case for lack of jurisdiction, did not consider the merits of the report.

In 1966, Congress enacted amendments to the Railway Labor Act 4 which the C & O contends deprived the district court of jurisdiction. Before 1966 the Act [45 U.S.C. § 153, First, (m)] provided in part:

“[T]he awards shall be final and binding upon both parties to the dispute except insofar as they shall contain a money award.”

The amendment deleted the words “except insofar as they shall contain a money award.” Also, the Act [45 U.S.C. § 153, First, (p)] was amended to make the findings and orders of the board conclusive. They had been prima-facie evidence. And a new paragraph, (q), was added [see n. 7 below], which expanded the right to judicial review and permitted remand to the board.

The C & 0 urges that because the amendments make the awards conclusive, they must set forth the names of the employees and the amounts in dollars and cents due each of them. Without this specificity, it says, the district court lacks power of enforcement. The C & 0 suggests an analogy between the board’s awards and awards made by arbitrators in industrial disputes. It relies on United Steelworkers v. Enterprise Wheel & Car Corp., 363 U.S. 593, 599, 80 S.Ct. 1358, 4 L.Ed.2d 1424 (1960), where the Court held that the exact amount due employees should be fixed by the arbitrator to whom the dispute was submitted. The analogy, however, is not compelling. Arbitration of industrial labor disputes depends upon the parties’ bargaining agreement. Atkinson v. Sinclair Refining Co., 370 U.S. 238, 241, 82 S.Ct. 1318, 8 L.Ed.2d 462 (1962); United Steelworkers v. Warrior & Gulf Nav. Co., 363 U.S. 574, 582, 80 S.Ct. 1347, 4 L.Ed.2d 1409 (1960). On the other hand, while the National Railroad Adjustment Board is recognized as an arbitrator of railway labor disputes, Gunther v. San Diego & A. E. Ry., 382 U.S. 257, 262, 86 S.Ct. 368, 15 L.Ed.2d 308 (1965), its genesis is statutory, not contractual. For years the statutes under which the board operated made its awards prima-facie evidence. Frequently, these awards simply stated the class of employees and the measure of damages. Nevertheless, courts found them enforceable. See, e.g., Kirby v. Pennsylvania R.R., 188 F.2d 793 (3d Cir. 1951), and Hanson v. Chesapeake & O. Ry., 198 F.Supp. 325 (S.D.W.Va.1961). The fact that awards are now to be given conclusive effect does not in itself make them any less susceptible of enforcement. Conclusive or prima-facie, they have to be definite enough for courts to ascertain their terms. We may assume that Congress was familiar with the form of the board’s awards, and we cannot lightly infer that in making the awards conclusive, Congress intended to deprive the courts of jurisdiction over enforcement of awards *634 that had formerly been given prima-faeie status. The text of the amendments does not require this anomalous conclusion, and nothing in the legislative history suggests it. 5

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Fletcher H. Hanson v. The Chesapeake and Ohio Railway Company, a Corporation, 412 F.2d 631, 71 L.R.R.M. (BNA) 2649, 1969 U.S. App. LEXIS 11949 (4th Cir. 1969).

412 F.2d 631 (Fletcher H. Hanson v. The Chesapeake and Ohio Railway Company, a Corporation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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