Moseley v. Southern Pacific Transportation Co.

594 F. Supp. 1039, 119 L.R.R.M. (BNA) 2598, 1984 U.S. Dist. LEXIS 23901
District Court, E.D. Louisiana·Decided September 4, 1984·No. Civ. A. No. 83-2466·Published·Cited by 2 cases

Opinion

MEMORANDUM OPINION AND ORDER-

CASSIBRY, Senior District Judge:

A.W. Moseley, a former Mechanical Department supervisor employed by the Southern Pacific Transportation Company (“SP”), filed this action under the Railway Labor Act, 45 U.S.C. §§ 151-188 (“the RLA”).-1 - Named as defendants are Moseley’s former union, the American Railway Supervisors Association (“ARSA”) and his one-time employer, SP. Plaintiffs complaint alleges that ARSA breached the duty of fair representation it owed to him and that SP breached its collective bargaining agreement with ARSA covering the Mechanical Department supervisors (“the Agreement”). The essence of plaintiff’s complaint is that, by dint of personal favoritism and procedural irregularities in the application of the Agreements seniority rules, Moseley was forced to surrender his supervisor’s position.

All three parties have moved for summary disposition of this matter. The court has before it SP’s motion for summary judgment, ARSA’s motion to dismiss or for summary judgment, and plaintiff’s own motion for summary judgment. In addition, in response to SP’s motion for summary judgment, plaintiff has moved for leave to amend his complaint. In its motion, SP contends that plaintiff’s complaint is barred by the applicable statute of limitations.2

We are presented, therefore, with thé question of what statute of limitations applies to an .employee’s suit against his union and his employer under the RLA. The question is apparently one of first impression in this circuit'since the Supreme Court’s decision in DelCostello v. International Brotherhood of Teamsters, 462 U.S. 151, 103 S.Ct. 2281, 76 L.Ed.2d 476 (1983), holding that a six-month limitations period applies to identical claims brought under section 301 of the Labor Management Relations Act (“LMRA”). • We conclude that actions under the RLA are also governed by the six-month limitations period and that, under the facts of this case, plaintiff’s suit is time-barred.

[1042] SUMMARY OF EVENTS: THE SENIORITY SHUFFLE

Moseley entered the employ of tlie railroad at SP’s Avondale, Louisiana, facility on September 1, 1978. Initially employed as a carman, he became a probationary car supervisor in March of 1979. Thereafter, Moseley advanced to a regular supervisor’s position in the Car Department, establishing a seniority date of May 15, 1980.

A short time later, a vacancy opened in the supervisors’ ranks due to the retirement of Car Foreman R.J. Champagne.3 Rule 7(c) of the Agreement sets forth the procedures to be followed in notifying supervisors of a vacancy.4 The rule also provides for preferential consideration to be given to applications from “supervisors ... in service.”

At some time after Champagne’s retirement, J.L. Springfield made known' his intention to resign his position as trainmaster at Avondale and to bump back into the supervisors’ ranks.5 Word of Springfield’s interest in the vacant supervisor’s position spread among the supervisors on the Car Department seniority list. It was the supervisors’ common understanding that Springfield’s seniority ran from March, 1956. In light of the apparent futility of bidding against a man with so much seniority, neither Moseley nor any other supervisor thought to submit a bid for the post. As the only applicant for the job, Springfield received the appointment on September 4, 1980.

Two weeks later, in an apparently unrelated personnel move, a more senior supervisor displaced Ronnie Champagne from his supervisor’s position. Pursuant to Rule 8 of the Agreement, Champagne (the son of the Champagne whose retirement kicked off this game of musical chairs) took advantage of his slightly greater seniority and displaced Moseley from his supervisor’s position.6

Left standing when the music stopped, Moseley, as a displaced supervisor, had the option of either displacing a junior supervisor himself or of resigning his supervisor’s position and returning to the craft ranks he had so recently left. In connection with the first alternative, ARSA’s local representative, A.L. Bourg, informed Moseley that a junior person held a supervisor’s position in Ennis, Texas. Moseley was [1043] qualified for this position and would have had sufficient seniority to bump into it. After traveling to Ennis to consider the move, Moseley chose not to bid on it. Instead, he submitted bids on carman jobs in his home Avondale Yards and bumped back into his former craft. By so doing, he forfeited his supervisor’s seniority and ARSA representation.7

The first inkling any supervisor had of possible mishandling in connection with the assignment of Springfield to the supervisor’s position came in February of 1981. At that time, in accordance with the terms of the Agreement, SP published supervisors’ seniority rosters for the Car and Locomotive Departments.8 Springfield’s name appeared on the Locomotive Department roster with a 1956 seniority date, but it did not appear on the Car Department roster. Under Rule 7(a) of the Agreement,

Seniority of supervisors shall be confined to (1) Locomotive Department or (2) Car Department, and will be systemwide____ Supervisors’ seniority will be as of the date they are assigned to a regular supervisor’s position.

The rosters indicated that Springfield has been assigned to a Car Department supervisor’s position for which he had no seniority. In response to complaints from Locomotive supervisors, ARSA conducted an investigation which established that Springfield had accumulated seniority since 1956 only on the Locomotive Department roster. ARSA representatives next met with SP Labor Relations Officials in order to set the situation right. The meeting produced a written agreement, dated March 31, 1981, preserving the status quo. Springfield was permitted to maintain his Locomotive Department seniority from 1956, keep his new Car Department position, and establish a Car Department seniority date. effective from the September, 1980 date when he assumed the position.

Upon learning of this agreement, plaintiff, now a carman, made his dissatisfaction known to both ARSA and SP. On April 24, 1981, he wrote a letter of protest to ARSA General Chairman Braderich with a copy to SP officials. Moseley asked that the award of the job to Springfield be thrown out, the bidding reheld, that he be restored to the Car supervisor’s seniority roster with full seniority and that he be compensated for his trip to Ennis, Texas.

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Moseley v. Southern Pacific Transportation Co., 594 F. Supp. 1039, 119 L.R.R.M. (BNA) 2598, 1984 U.S. Dist. LEXIS 23901 (E.D. La. 1984).

594 F. Supp. 1039 (Moseley v. Southern Pacific Transportation Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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