R. Dement J.H. Hines V.N. Meekins L.A. Koenig v. Richmond, Fredericksburg & Potomac Railroad Company United Transportation Union

845 F.2d 451, 128 L.R.R.M. (BNA) 2235, 1988 U.S. App. LEXIS 5592, 1988 WL 36605
CourtCourt of Appeals for the Fourth Circuit
DecidedApril 26, 1988
Docket87-2069
StatusPublished
Cited by42 cases

This text of 845 F.2d 451 (R. Dement J.H. Hines V.N. Meekins L.A. Koenig v. Richmond, Fredericksburg & Potomac Railroad Company United Transportation Union) 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
R. Dement J.H. Hines V.N. Meekins L.A. Koenig v. Richmond, Fredericksburg & Potomac Railroad Company United Transportation Union, 845 F.2d 451, 128 L.R.R.M. (BNA) 2235, 1988 U.S. App. LEXIS 5592, 1988 WL 36605 (4th Cir. 1988).

Opinions

FRANK A. KAUFMAN, Senior District Judge,

sitting by designation:

Appellants, four railroad workers, appeal from the district court’s dismissal of their so-called “hybrid” action against their union, the United Transportation Union (UTU), and their employer, the Richmond, Fredericksburg & Potomac Railroad Company (RF & P). We affirm the dismissal of two of appellants’ three claims against the UTU, but remand the third claim for further proceedings. We also affirm the dismissal of the appellants’ action against the RF & P, but for reasons different from those stated by the district court.

I.

Appellants R. Dement, J.H. Hines, Jr., V.N. Meekins and L.A. Koenig (hereinafter collectively “appellants”) are employees of the former Seaboard Coast Line Railroad Company (Seaboard).1 On November 12, 1986, they filed suit in the United States District Court for the Eastern District of Virginia against their union, the UTU, for breach of the latter’s statutory duty of fair representation imposed upon it by the Railway Labor Act (RLA), 45 U.S.C. §§ 151-188 (1982). Hines v. Anchor Motor Freight, Inc., 424 U.S. 554, 96 S.Ct. 1048, 47 L.Ed.2d 231 (1976); Vaca v. Sipes, 386 U.S. 171, 87 S.Ct. 903, 17 L.Ed.2d 842 (1967). Also joined as a defendant in the suit is the RF & P, which, appellants allege, violated its collective bargaining agreement with the UTU. If appellants are given the benefit of all reasonable inferences, the facts as alleged are as follows: 2

In 1970, in connection with Seaboard’s merger with another railroad,3 Seaboard and the RF & P agreed to consolidate railroad yard operations which, up until that time, were performed in both Seaboard’s Hermitage Yard in Richmond and the RF & P's Acca Yard, also in Richmond. Under the terms of the 1970 agreement (Consolidation Agreement), Seaboard discontinued [454]*454its operations then performed at the Hermitage Yard and transferred them to the Acca Yard. The Consolidation Agreement gave to Seaboard employees, who had previously worked at the Hermitage Yard, the right to bid on and fill similar positions at the Acca Yard. Whenever the Seaboard employees worked at the Acca Yard under that arrangement, their employment was governed by whatever collective bargaining agreements the RF & P had negotiated with its UTU local, and that same UTU local also represented the Seaboard employees with respect to grievances arising out of their work at the Acca Yard. The Consolidation Agreement also permitted these Seaboard employees to retain the right to bid on jobs at Seaboard facilities other than the defunct Hermitage Yard. When Seaboard employees worked at Seaboard’s other facilities, they were subject to the applicable bargaining agreement between Seaboard and its UTU local, and that local represented the employees with respect to grievances against Seaboard.

In 1979, the RF & P and RF & P’s UTU local negotiated a new agreement, the “Crew Consist Agreement,” the terms of which, appellants charge, violated the protections afforded appellants under the Consolidation Agreement. Essentially, the Crew Consist Agreement allowed the RF & P to reduce the size of the train crews which worked in the Acca Yard. In exchange for that reduction, the RF & P agreed to pay those employees who worked as members of the smaller train crews additional pay to serve “as compensation for the additional services and responsibilities consistent with the operation of a reduced crew.” Crew Consist Agreement, ¶ 3. The Crew Consist Agreement, however, limited the class of employees who were entitled to the extra pay to two groups. The first group consisted of so-called “protected employees,” i.e., “all employees initially hired by RF & P and holding seniority on the combined road/yard roster as of [April 1, 1979].” Crew Consist Agreement, ¶ 2. The second group was comprised of all workers employed after April 1, 1979. Crew Consist Agreement, 113. Because appellants were not initially hired by the RF & P, they were not treated as “protected employees.” Furthermore, because appellants were hired prior to April 1,1979, they also failed to come within the second group of employees covered by the Crew Consist Agreement.

According to appellants, they did not become aware of the terms of the Crew Consist Agreement until February 1982. At that time, appellant Koenig, who was then working on a reduced crew at the Acca Yard, sought, but was denied, the additional payments made to “protected employees” under the Crew Consist Agreement. The denial of Koenig’s payments precipitated a four-year struggle between the UTU, the RF & P, and the Seaboard employees excluded from coverage of the Crew Consist Agreement. The battle was waged on two fronts, between the Seaboard employees and the RF & P, and also between the Seaboard employees and their own union. In March 1983 appellant Dement, the Chairman of Seaboard’s UTU local, requested that the RF & P’s management rescind the Crew Consist Agreement. The RF & P, however, refused to deal with Dement, claiming that only members of the RF & P’s UTU local were authorized to handle the RF & P employee grievances in question.

Most of appellants’ attempts to resolve their contractual differences, however, occurred within the UTU hierarchy itself. From January 1983 until the spring of 1984, appellant Dement was in touch with various UTU officials, including UTU President Fred Hardin, seeking their help in amending the Crew Consist Agreement so as to include the Seaboard employees. Although the UTU allegedly promised to investigate the matter and certain meetings were held,4 Dement’s efforts were apparently unsuccessful. The existing record suggests that the union officials may have [455]*455been less than solicitous of the concerns of the Seaboard employees.5

Finally, on June 1, 1984, an arbitration board known as the “Public Law Board” (Board) constituted pursuant to the RLA, see 45 U.S.C. § 153,6 adjudicated appellant Koenig’s claim that the denial of payments to him in 1982 was incorrect. In a two-to-one decision,7 the Board rejected Koenig’s claim, reasoning in relevant part as follows:

The [UTU] bases its claim on the fact that the [Seaboard] Employees working on the RF & P are performing additional services for the latter Carrier but are not receiving payment.
The Claimant [Koenig] is not a “protected Employee” because he was not initially hired by RF & P, which is a requirement of the Agreement in question. Nor was he hired subsequent to April 1, 1979. This Claimant was, of course, initially hired by [Seaboard].
This Board has no authority or jurisdiction to extend the terms of Agreements between the two parties to individuals who were clearly not covered by the terms of the Agreement. Accordingly, we have no alternative but to deny the claim.

The Board’s ruling was limited to an interpretation of the Crew Consist Agreement.

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Bluebook (online)
845 F.2d 451, 128 L.R.R.M. (BNA) 2235, 1988 U.S. App. LEXIS 5592, 1988 WL 36605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/r-dement-jh-hines-vn-meekins-la-koenig-v-richmond-fredericksburg-ca4-1988.