Silva v. Southern Pacific Transportation Co.

638 F. Supp. 15, 1985 U.S. Dist. LEXIS 17935, 108 Lab. Cas. (CCH) 10,279
CourtDistrict Court, N.D. California
DecidedJuly 16, 1985
DocketNo. C-84-4984 WHO
StatusPublished
Cited by2 cases

This text of 638 F. Supp. 15 (Silva v. Southern Pacific Transportation Co.) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Silva v. Southern Pacific Transportation Co., 638 F. Supp. 15, 1985 U.S. Dist. LEXIS 17935, 108 Lab. Cas. (CCH) 10,279 (N.D. Cal. 1985).

Opinion

OPINION AND ORDER

ORRICK, District Judge.

In this action, plaintiff, a carpenter employed by the Northwest Pacific Railroad Company (“Railroad”) sues the Railroad for enforcement of a March 27, 1984, Public Law Board ("Board”) order awarding plaintiff back pay from June 10, 1982 (“March 27 Award”), and to have set aside the Board’s subsequent modification of that order awarding back pay from January 1, 1983 (“June 4 Modification”). The material facts are not in dispute and the matter is before this Court on cross motions for summary judgment.1 Oral argument was heard on May 17, 1985.

The precise issue before the Court appears to be one of first impression. After [16]*16careful consideration of the papers and records on file in this case, and of the arguments of counsel, the Court grants plaintiff’s motion for summary judgment on the ground that the June 4 Modification was not issued in response to a request for an “interpretation” under 45 U.S.C. § 153 First (m), and that any clerical error correction should have been made within the time for compliance set forth in the order pursuant to 45 U.S.C. § 153 First (o).

I.

Plaintiff's employment as a carpenter with the Railroad began in 1964. Plaintiff has been a member of the Brotherhood of Maintenance of Way Employees (“Union”) since that time. On May 24, 1982, plaintiff injured his back while at work, and sought treatment from his personal physician, Dr. Matheson. On June 1, 1982, Dr. Matheson released plaintiff to return to work without restriction. There is some dispute as to the number of days plaintiff worked after his initial release, but in any event, by June 9, 1982, the Railroad removed plaintiff from service due to his May 24 injury. Plaintiff disagreed with the Railroad’s assessment of his physical condition and refused to sign a letter written by the Railroad stating that plaintiff was removed from active service until his condition improved.

On June 10, 1982, plaintiff contacted the Union regarding his removal. On June 24, 1982, the Union filed a grievance on plaintiff's behalf claiming that he was improperly removed from his job. Under Rule 30 of the applicable collective bargaining agreement between the Railroad and the Union, whenever a dispute concerning an employee’s physical condition arises, the Railroad must arrange to have the employee examined by the Railroad’s physician, and if requested, arrange an examination by a panel of physicians to determine whether the employee is able to return to work. The Railroad did not arrange for a physical examination of plaintiff as required by Rule 30.

In early July, plaintiff again went to his private doctor, Dr. Matheson, to obtain another release so that he could return to work. On July 6, 1982, Dr. Matheson wrote to the Railroad stating that plaintiff was able to perform his duties as a carpenter. The Railroad’s doctor subsequently contacted Dr. Matheson, and Dr. Matheson retracted his unconditional release, instead releasing plaintiff for work that did not require him to lift any more than sixty pounds. No such work existed, so plaintiff did not return to work.

On December 3, 1982, Dr. Matheson wrote another letter to the Railroad stating that plaintiff could now work without restrictions. Still, the Railroad refused to accept Dr. Matheson’s recommendation, or to arrange for its own examination of plaintiff.

Meanwhile, plaintiff's grievance was proceeding through the grievance procedure set forth in the collective bargaining agreement. On December 15, 1983, plaintiff’s grievance was submitted to Public Law Board No. 2439 for a determination. The Board was comprised of a Railroad member, a Union member, and a neutral member. On March 27, 1984, the Board issued its written decision. The decision contains three sections: findings, award, and order. It is signed by all three members.

In its decision, the Board states that plaintiff’s physician insisted that plaintiff be permitted to work without restrictions, while the Railroad’s Chief Medical Officer felt that a specific lifting restriction was appropriate, thus eliminating the possibility of plaintiff working for the Railroad as a carpenter. The Board found that the difficult part of the dispute was the fact that it took from June 10, 1982, to April 27, 1983, for the Railroad to arrange an appointment for plaintiff with an appropriate physician designated by the Railroad to determine plaintiff’s physical condition, and that this delay was “simply not acceptable” in light of the loss of pay suffered by plaintiff during that period. Therefore, the Board awarded plaintiff back pay from June 10, 1982, until the resolution of the dispute through the use of a medical panel under Rule 30 of the collective bargaining agree-[17]*17merit.2 This back-pay award appears in the findings section, the award section, and, by reference, in the order section of the March 27 Award.

The Board specifically required compliance with the March 27 Award within thirty days.

The Railroad did not make the awarded payments to plaintiff within thirty days.

On May 11, 1984, after the date for compliance with the March 27 Award had passed, the Railroad member of the Board wrote a letter to the other members stating that his notes indicated that plaintiff was to be paid back pay from the date of January 1, 1983, rather than June 10, 1982. On June 4, 1984, the neutral member of the Board responded in writing to the Railroad member stating that his notes also indicated that back pay was to be awarded from January 1, 1983, and not June 10, 1982, and that the Award should be changed to reflect the later date. No time for compliance was indicated by either member. On June 18, 1984, plaintiff was notified for the first time that the March 27 Award had been “modified.”

The Railroad did not make any payments to plaintiff within thirty days of the June 4 Modification. On July 16, 1984, plaintiff filed this action in federal court, seeking compliance with the March 27 Award, and asserting several state causes of action. On August 20, 1984, plaintiff received a check dated August 2, 1984, from the Railroad for $22,120, the amount of back pay from January 1, 1983.

II.

This action is governed by the Railway Labor Act, 45 U.S.C. § 151 et seq. (“Act”). Under the Act, divisions of the National Railroad Adjustment Board have the authority to conduct hearings and resolve disputes arising under collective bargaining agreements between railroads and their employees. 45 U.S.C. § 153 First. A Board division decision is final and binding on the parties to the controversy. 45 U.S.C. § 153 First (m). Appellate review by the district court is limited to three instances: where the division failed to comply with the requirements of the Act, where the order does not conform or confine itself to matters within the scope of the division’s jurisdiction, or where there has been fraud or corruption by a member of the division making the order. 45 U.S.C.

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638 F. Supp. 15, 1985 U.S. Dist. LEXIS 17935, 108 Lab. Cas. (CCH) 10,279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silva-v-southern-pacific-transportation-co-cand-1985.