Norfolk And Western Railway Company v. Brotherhood Of Railroad Signalmen

164 F.3d 847, 160 L.R.R.M. (BNA) 2141, 1998 U.S. App. LEXIS 32528
CourtCourt of Appeals for the Fourth Circuit
DecidedDecember 29, 1998
Docket98-1808
StatusPublished
Cited by5 cases

This text of 164 F.3d 847 (Norfolk And Western Railway Company v. Brotherhood Of Railroad Signalmen) 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
Norfolk And Western Railway Company v. Brotherhood Of Railroad Signalmen, 164 F.3d 847, 160 L.R.R.M. (BNA) 2141, 1998 U.S. App. LEXIS 32528 (4th Cir. 1998).

Opinion

164 F.3d 847

160 L.R.R.M. (BNA) 2141, 137 Lab.Cas. P 10,324

NORFOLK AND WESTERN RAILWAY COMPANY; Norfolk Southern
Railway Company; CSX Transportation,
Incorporated; Consolidated Rail
Corporation, Plaintiffs-Appellees,
and
Norfolk Southern Corporation, Counterdefendant-Appellee,
v.
BROTHERHOOD OF RAILROAD SIGNALMEN, Defendant-Appellant,
and
Brotherhood of Locomotive Engineers; American Train
Dispatchers Department-BLE; Brotherhood of Maintenance of
Way Employees; The International Brotherhood of
Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and
Helpers, AFL-CIO; International Brotherhood of Electrical
Workers; National Conference of Firemen & Oilers; Sheet
Metal Workers International Association, Defendants.

No. 98-1808.

United States Court of Appeals,
Fourth Circuit.

Argued Sept. 23, 1998.
Decided Dec. 29, 1998.

ARGUED: John O'Brien Clarke, Jr., Highsaw, Mahoney & Clarke, P.C., Washington, D.C., for Appellant. Jeffrey Stephen Berlin, Sidley & Austin, Washington, D.C., for Appellees. ON BRIEF: Michael S. Wolly, Daniel G. Orfield, Zwerdling, Paul, Leibig, Kahn, Thompson & Wolly, P.C., Washington, D.C., for Appellant. Mark E. Martin, Sidley & Austin, Washington, D.C.; William B. Poff, Woods, Rogers & Hazlegrove, Roanoke, Virginia; Ronald M. Johnson, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, D.C.; Arthur P. Strickland, Roanoke, Virginia, for Appellees.

Before WILKINS, NIEMEYER, and MICHAEL, Circuit Judges.

OPINION

NIEMEYER, Circuit Judge:

In the wake of an announcement in April 1997 by Norfolk Southern Corporation and CSX Corporation that they were acquiring and dividing a major portion of the assets of Conrail, Inc., the Brotherhood of Railway Signalmen, a union representing employees of the corporations' railroad subsidiaries, gave notice under § 6 of the Railway Labor Act that it wished to renegotiate the terms of its collective bargaining agreements in light of the impact that the acquisition would have on the jobs of employees represented by the union. The district court ruled that the union's § 6 notice was invalid and that the union was required to present its position to the Surface Transportation Board which had exclusive jurisdiction under the Interstate Commerce Act to approve the terms and conditions of the acquisition. On the union's appeal, we reverse the district court's dismissal of Norfolk Southern Corporation, affirm its declaratory judgment, and vacate its anti-strike injunction against the union.

* In October 1996, Norfolk Southern Corporation and CSX Corporation, both railroad holding companies, announced competing offers to purchase the stock of Conrail, Inc. Several months later, however, they jointly announced an agreement under which subsidiaries of the two corporations would each acquire a portion of Conrail's assets.

In June 1997, these railroad holding companies and their subsidiary railroad corporations filed an application with the Surface Transportation Board ("STB"), the successor to the Interstate Commerce Commission, for approval of the acquisition under the Interstate Commerce Act, 49 U.S.C. § 11324(a). Under the proposed transaction, Conrail's assets were to be divided, with a portion of the lines operated by Norfolk Southern Railway Company, a portion operated by CSX Transportation, Inc., and a portion operated by Conrail for the joint benefit of the acquiring companies. In order to integrate the new lines, the acquiring railroads proposed to modify existing labor agreements to reflect the new operating arrangements. They stated that under the transaction "train crews will be required to operate interchangeably over either CSX or [Norfolk Southern] and allocated Conrail routes in many corridors," which would not be allowed under the existing collective bargaining agreements. Additionally, the railroads claimed that "the efficiencies of the transaction could not be achieved ... if the expanded CSX and [Norfolk Southern] Systems were required to operate pursuant to existing labor agreements under which different maintenance crews must be used to maintain tracks of existing Conrail and CSX or [Norfolk Southern] in the same geographic area." Moreover, in their application to the STB, the railroads acknowledged that the proposed transaction would net a loss of over 2,600 jobs and a transfer of over 2,300 jobs. To resolve any labor disputes arising from the impact of the proposed transaction, the railroads proposed operating under New York Dock procedures--originally adopted by the Interstate Commerce Commission for such transactions in New York Dock Ry.--Control--Brooklyn Eastern Dist. Terminal, 366 I.C.C. 60, aff'd sub nom., New York Dock Ry. v. United States, 609 F.2d 83 (2d Cir.1979)--which would automatically provide established protections to employees and would resolve any labor disputes through binding arbitration under an established time schedule.

Several unions, including the Brotherhood of Railway Signalmen (the "Union"), resisted the railroads' proposal to resolve labor disputes under the New York Dock procedures, contending that all such disputes had to be resolved under the procedures imposed by the Railway Labor Act (the "RLA"), procedures which both sides agree would take longer than the New York Dock procedures and which could lead to a bargaining impasse and ultimately a strike. In their statement of opposition filed with the STB on October 21, 1997, these unions maintained that "implementation of such changes outside RLA processes would violate both the RLA and the [Interstate Commerce Act]. Indeed unions would respond to such change by striking and by submitting claims for compensation under the Tucker Act, 28 U.S.C. § 1346." They advised the STB that several of the unions intended "to utilize the Railway Labor Act's collective bargaining processes to deal with the impact of the proposed transactions on employees they represent" and that unilateral efforts to change their collective bargaining agreements would justify the unions' "resort to self-help."

The day after filing its statement with the STB, the Union delivered a notice under § 6 of the RLA (which authorizes either party to a collective bargaining agreement to serve notice of proposed changes to the agreement and which requires the parties to bargain over the proposed changes), seeking changes of work conditions through RLA procedures. The railroads, however, rejected the § 6 notice, claiming (1) that the notice was barred by a moratorium clause in the collective bargaining agreement with the Union, which prohibited service of a § 6 notice before November 1, 1999, and (2) that the proposals in the § 6 notice were, in any event, under the sole jurisdiction of the STB because they arose from the transaction pending approval. Notwithstanding its formal position, the railroads agreed to meet with the Union in an effort to resolve their differences, but these meetings failed to produce an agreement.

In light of this impasse, both the railroads and the Union filed separate actions in federal court on October 31, 1997, for declaratory judgment and injunctive relief.

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164 F.3d 847, 160 L.R.R.M. (BNA) 2141, 1998 U.S. App. LEXIS 32528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norfolk-and-western-railway-company-v-brotherhood-of-railroad-signalmen-ca4-1998.