Norfolk & Western Railway Co. v. Daniels

40 F. Supp. 2d 356, 1999 U.S. Dist. LEXIS 3486, 1999 WL 161112
CourtDistrict Court, W.D. Washington
DecidedMarch 2, 1999
DocketNo. 98-0070-A
StatusPublished

This text of 40 F. Supp. 2d 356 (Norfolk & Western Railway Co. v. Daniels) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Norfolk & Western Railway Co. v. Daniels, 40 F. Supp. 2d 356, 1999 U.S. Dist. LEXIS 3486, 1999 WL 161112 (W.D. Wash. 1999).

Opinion

OPINION

JONES, District Judge.

The principal questions in this case are whether the Railway Labor Act preempts a state cause of action by FELA attorneys to enjoin a railroad’s disciplinary hearings and whether the attorneys should be enjoined from so interfering with the hearings. I find that the state cause of action is preempted and that injunctive relief should be granted.

I. Facts.

A. Background.

The plaintiff, Norfolk Southern Railway Company (“NS”),1 headquartered in Virginia, filed this action pursuant to the court’s federal subject matter jurisdiction, seeking declaratory and injunctive relief under federal law, as well as under state law, based on supplemental jurisdiction. The defendant Jerry J. Daniels, a Virginia resident, is a former employee of NS, who allegedly suffered a work-related accident in Virginia. The defendant Pratt & Tobin, P.C. (“Pratt”) is a professional corporation engaged in the practice of law, with offices in Illinois.

Pratt represents Daniels and many other railroad workers who are asserting claims under the Federal Employers Liability Act (“FELA”), 45 U.S.C.A. §§ 51-60 (West 1986). In its complaint, NS alleged that Pratt was about to seek injunctive relief from an Illinois state court, as it had done in other similar cases, preventing NS from conducing a disciplinary hearing concerning Daniels’ accident, as provided for in a collective bargaining agreement between NS and Daniels’ union. Among other grounds, NS contended that Pratt’s contemplated action would violate NS’s rights under the provisions of the Railway Labor Act (“RLA”), 45 U.S.C.A. §§ 151-163 (West 1986).

After the filing of the complaint, this court entered a temporary restraining order against the defendants, preserving the status quo. A temporary injunction was thereafter entered and a bench trial on the merits was held on December 15, 1998. This opinion sets forth the court’s findings of fact and conclusions of law pursuant to Fed.R.Civ.P. 52(a).2

B. Findings of Fact.

1. NS brings this action for a declaration of its rights and for injunctive relief under the RLA and under Illinois state law. NS seeks declaratory relief against Pratt pursuant to 28 U.S.C.A. § 2201(a) (West 1994) and Fed.R.Civ.P. 57 on the ground that this case involves a case of actual controversy between the parties [359]*359falling within the court’s jurisdiction. NS also seeks permanent injunctive relief against future conduct by Pratt.3

2. NS, a Virginia corporation, is, and at all times relevant hereto has been, a “carrier” within the meaning of the RLA, 45 U.S.C.A. § 151 First. NS’s corporate headquarters is located in Norfolk, Virginia.

3. Jerry J. Daniels was, until November 24, 1998, an “employee” of NS within the meaning of the RLA, 45 U.S.C.A. § 151 Fifth. Daniels resides in Pounding Mills, Virginia, and had been employed by NS for more than twenty years.

4. While he was employed by NS Daniels fell within the craft or class of maintenance of way employees in NS’s maintenance department. The terms and conditions of Daniels’ employment by NS were prescribed in and governed by a collective bargaining agreement (“CBA”) dated July 1, 1986, between NS and the Brotherhood of Maintenance of Way Employees (“BMWE”), his “representative” within the meaning of the RLA, 45 U.S.C.A. § 151 Sixth.

5. Other employees of NS fall within other crafts or classes and are represented by other labor unions. The terms and conditions of these employees’ employment with NS are prescribed in and governed by collective bargaining agreements (“CBAs”) negotiated between NS and those unions.

6. The CBAs between NS and the various representatives of its employees prescribe the procedures that NS must follow before it may impose discipline on an employee suspected of having engaged in misconduct.

7. NS has established both safety and operating rules and has issued these rules to its employees. These rules prescribe how employees are to conduct themselves while at work. Employees are expected to know and to follow these rules. They attend rules classes and are given tests to establish their knowledge of the rules. Both the safety and operating rules are intended to guide employees on safe work practices in order to prevent them from becoming injured. The rules are intended to prescribe a uniform way in which the railroad will operate in order to result in safe and efficient rail operations.

8. Daniels was bound by and expected to follow the NS safety and operating rules.

9. NS has a legitimate business interest in having its employees comply with its safety and operating rules.

10. Employees who violate NS’s safety and operating rules are subject to discipline by the carrier. Employees may also be disciplined for conduct not specifically addressed in the rules but is, in the judgment of the carrier, unbecoming of an NS employee.

11. NS has a legitimate business interest in investigating the facts concerning alleged employee misconduct before making a decision whether to impose any discipline.

12. NS has a legitimate business interest in disciplining employees who have engaged in misconduct, including violations of carrier rules.

[360]*36013. The CBA sets forth the procedure that NS must follow in connection with the discipline of an employee in the maintenance of way craft, such as Daniels. The rights and obligations of NS, BMWE, and the employee are prescribed in Rule 30 of the CBA (“Discipline and Grievances”). The CBAs between NS and other unions contain similar disciplinary procedures.

14. Rule 30(a) provides, in relevant part:
An employee who has been in service more than sixty (60) calendar days shall not be disciplined or dismissed without a fair and impartial investigation, at which investigation he may be assisted by duly authorized representatives. He may, however, be held out of service, except for minor offenses, pending such investigation.
The employee will be given not less than ten (10) days’ advance notice, in writing, of the date of the investigation which shall set forth the precise charge against him with a copy to the general chairman. The investigation shall be held within 30 days of first knowledge of the offense. At the request of either party the investigation will be postponed; however, such investigation will not be postponed in excess of ten (10) calendar days beyond the date first set except by mutual agreement.
A written transcript of statements taken at the investigation will be made, and a copy furnished to the duly authorized representative at the time the decision is rendered. Decision will be rendered in writing to the employee and his representative within twenty (20) days after completion of the investigation unless an extension of time is agreed upon.

15.

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Bluebook (online)
40 F. Supp. 2d 356, 1999 U.S. Dist. LEXIS 3486, 1999 WL 161112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norfolk-western-railway-co-v-daniels-wawd-1999.