New Jersey Transit Rail Operations, Inc. v. International Brotherhood of Boilermakers

550 F. Supp. 1327
CourtSpecial Court under the Regional Rail Reorganization Act
DecidedNovember 5, 1982
DocketNo. 82-23
StatusPublished
Cited by9 cases

This text of 550 F. Supp. 1327 (New Jersey Transit Rail Operations, Inc. v. International Brotherhood of Boilermakers) 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
New Jersey Transit Rail Operations, Inc. v. International Brotherhood of Boilermakers, 550 F. Supp. 1327 (reglrailreorgct 1982).

Opinion

[1328]*1328MEMORANDUM

GASCH, Presiding Judge:

This case is before the Court on the petition of New Jersey Transit Rail Operations, Inc. (NJT) for review of an arbitrator’s award. Petitioner seeks reversal of an October 14,1982 award made by Neutral Referee Richard R. Kasher pursuant to Section 508 of the Rail Passenger Service Act (RPSA) as amended by the Northeast Rail Service Act of 1981 (NRSA), Pub.L. No. 97-35 (August 13, 1981), 45 U.S.C. § 588. This Court heard oral argument on NJT’s motion for a preliminary injunction on October 21, 1982. Subsequently, we granted petitioner’s request for additional argument on the motion and consolidated that argument with an argument on the merits, pursuant to Rule 65(a)(2) of the Federal Rules of Civil Procedure, on October 28. On November 1, we issued an order denying the motion for a preliminary injunction and stated that our decision on the merits would follow. This memorandum constitutes our findings of fact and conclusions of law. For the reasons stated herein, the petition is dismissed.

I. BACKGROUND

This Court has exclusive original jurisdiction of this action under Section 1152(a)(1) of NRSA. Petitioner is a subsidiary of New Jersey Transit Corporation, which is a public corporation chartered pursuant to the laws of the state of New Jersey to provide commuter services in that state. NJT is a “commuter authority” as defined in Section 1135(a)(3) of NRSA and was organized for the purpose of assuming Consolidated Rail Corporation’s (Conrail) commuter rail operations in New Jersey.

In the past, Conrail has provided commuter service to the area under a subsidy arrangement with New Jersey as provided by Section 304 of the Regional Rail Reorganization Act of 1973. Pursuant to Section 1136 of NRSA, Conrail’s commuter obligations will cease on January 1,1983. NJT is now in the process of attempting to effect the successful transfer of operations from Conrail. The unions that are involved in this litigation are railroad labor organizations representing certain crafts and classes of operating and non-operating employees currently employed by Conrail in New Jersey. Each of these organizations has members that are subject to possible transfer to NJT on January 1, 1983.

NRSA amended the RPSA in order to provide for the orderly transfer of employees during the complex process under which Conrail is to be relieved of all legal obligations to operate commuter lines. Sections 508 through 510 prescribe the methods under which Conrail employees are to be absorbed by Conrail’s successors to the extent determined by the collective bargaining process. This Court has previously addressed these sections in another context in several other cases. See, Railway Labor Executives’ Association v. Southeastern Pennsylvania Transportation Authority (SEPTA I), 534 F.Supp. 832, cert. denied, -U.S. -, 102 S.Ct. 2271, 73 L.Ed.2d 1285 (1982); Railway Labor Executives’ Association v. Southeastern Pennsylvania Transportation Authority (SEPTA II), 534 F.Supp. 852 (1982); International Brotherhood of Teamsters v. Southeastern Pennsylvania Transportation Authority (SEPTA III), 539 F.Supp. 1222 (1982); Railway Labor Executives’ Association v. Southeastern Pennsylvania Transportation Authority (SEPTA IV), 547 F.Supp. 884 (1982). The interpretation of Sections 508 and 510 is directly at issue in this litigation. They are discussed in detail below.

Pursuant to Section 508(a), NJT, Conrail and the unions began negotiations in an attempt to negotiate a mutually satisfactory implementing agreement. By August 1, 1982, no such agreement had been reached. Section 508(d)(1) requires that, within five days, the parties select a neutral referee in the event that implementing agreement negotiations are not completed by August 1. Unfortunately, the parties were also unable to select an arbitrator by August 6. Accordingly, pursuant to Section 508(d), the National Mediation Board appointed Mr. Kasher on September 7, 1982 to resolve all implementing agreement disputes. Hear[1329]*1329ings began on September 17 and Referee Kasher entered his Decision and Award on October 15, 1982. Kasher held that he did not have jurisdiction to consider NJT’s proposed changes in crafts and classes of employees. In addition, he held that each offer of employment extended by NJT be advertised, bid, and awarded “in accordance with the provisions of the applicable Conrail collective bargaining agreement.”

NJT vigorously contests the validity of this award. It has set forth two distinct challenges to Kasher’s action. First, NJT challenges Kasher’s decision that he lacked jurisdiction under Section 508(d) to consider NJT’s proposed changes in crafts and classes of employees. In addition, petitioner claims that the referee exceeded his jurisdiction when he ordered that the advertising, bidding and awarding of all jobs on NJT’s new service be made pursuant to the terms and provisions of existing Conrail collective bargaining agreements.

II. DISCUSSION

A. The Standard of Review

It should be noted initially that NJT must meet a heavy burden of proof before it can succeed in having this Court set aside the referee’s award. Section 508(d)(3) of NRSA states that such an award under Section 508 is to be “final and binding to the same extent as an award of an adjustment board under section 3 of the Railway Labor Act.” Judicial review of arbitrators’ determinations under that act is very limited. In Union Pacific Railroad Company v. Sheehan, 439 U.S. 89, 99 S.Ct. 399, 58 L.Ed.2d 354, reh. den. 439 U.S. 1135, 99 S.Ct. 1060, 59 L.Ed.2d 98 (1978), the Supreme Court held that in order to overturn such a decision there must be a showing either that the arbitrator failed to comply with the Act’s requirements, failed to act within his jurisdiction, or acted corruptly. 439 U.S. at 93, 99 S.Ct. at 402. Petitioner has failed to show the existence of any of these circumstances.

B. The Statutory Scheme

As discussed earlier, Congress enacted Sections 508, 509, and 510 to aid in the orderly transfer of commuter service from Conrail to the commuter authorities.1 Section 509, which is not in issue in this case, provides for a factfinding panel to make recommendations on commuter operating practices and procedures by July 1, 1982. The first real step in the employee transfer process is covered by Section 508, which is appropriately entitled “Transfer of Employees.” . This section requires the parties to negotiate an implementing agreement. Section 508(c) mandates that such negotiations shall determine various employment requirements, such as the number of employees to be transferred, the specific employees to be transferred, the procedures by which such employees may elect to accept employment, the procedure for acceptance of such employees, and the procedure for determining seniority. In short, these agreements are to determine the Conrail employees that may be transferred to the successor commuter authority.

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Bluebook (online)
550 F. Supp. 1327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-jersey-transit-rail-operations-inc-v-international-brotherhood-of-reglrailreorgct-1982.