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CHICAGO, BURLINGTON & QUINCY R.R. v. RAILWAY EMPLO

April 9, 1969

Chicago, Burlington & Quincy Railroad, Plaintiff,
v.
Railway Employes' Department, AFL-CIO, et al., Defendants


Robinson, Jr., District Judge


The opinion of the court was delivered by: ROBINSON, JR.

ROBINSON, Jr., District Judge:

The Plaintiff Chicago, Burlington & Quincy Railroad having filed a Motion for Preliminary Injunction with supporting memoranda and affidavits; the six defendant labor unions representing shopcraft employees of the plaintiff along with the Railway Employes' Department, AFL-CIO, and System Federation No. 95 of such department having submitted memoranda and affidavits in opposition to the foregoing motion; having heard oral argument by counsel for the parties, the Court makes the following Findings of Fact and Conclusions of Law:

 Findings of Fact

 (1) Plaintiff is a corporation incorporated under the laws of the State of Illinois engaged in the interstate rail transportation of freight and passengers.

 (2) Defendant Railway Employes' Department, AFL-CIO, is a voluntary unincorporated association through which the other named defendants function in their representation of plaintiffs' shopcraft employees under the Railway Labor Act. Systems Federation No. 95 is a branch of the Railway Employes' Department, AFL-CIO.

 (3) National rules on the subject of "contracting out" have existed in the railroad industry since World War I. The latest national agreement on the subject was the Mediation Agreement of September 25, 1964. This agreement was signed by representatives of one hundred and forty-seven (147) rail carriers (including plaintiff) and by representatives of the defendants in this action. On March 25, 1968, the defendant labor organizations served on plaintiff a demand for an amendment to the national collective bargaining agreement (hereinafter referred to as the Mediation Agreement). The notice was purportedly served pursuant to Section 6 of the Railway Labor Act [ 45 U.S.C. § 156 (1964)]. This notice proposed revisions of Articles II and VI of the September 25, 1964, Mediation Agreement.

 (4) Article II of the 1964 Mediation Agreement dealt with subcontracting of work. Defendants' Section 6 notice advised plaintiff of the union's desire to revise this article to require special agreement on specific work between the carrier and the general chairman of the craft before work could be subcontracted and to further require special agreement with respect to unit exchange, purchase of new equipment or component parts manufacturing, repairing and rebuilding which was work set forth in the classification of work rules.

 (5) Article VI of the 1964 Mediation Agreement provided the machinery for the resolution of disputes arising out of the agreement. Defendants' Section 6 notice advised of the union's desire to amend this Article by broadening the remedy provisions.

 (6) Plaintiff filed a counter notice purportedly under Section 6 of the Railway Labor Act. This notice sought the elimination of all agreements pertaining to the subject matter of Article II and an amendment to Article I of the Mediation Agreement.

 (7) Conferences between plaintiff and representatives of defendants concerning these proposed changes in the Mediation Agreement were held but no agreement was reached. Plaintiff, from the outset, has insisted that negotiations on the subject matter of the Section 6 notice required notice to and involvement of the other one hundred and forty-six (146) carriers with whom the 1964 Mediation Agreement was signed. Plaintiff has also insisted that the demands are not mandatorily bargainable under the Railway Labor Act. Defendants have maintained a contrary position as to both issues. The services of the National Mediation Board were utilized unsuccessfully, its proffer of voluntary arbitration having been rejected by both parties. Its services terminated effective February 4, 1969.

 (8) Defendants assert their present right to strike, post-mediation conferences having also been terminated without success. Unless enjoined such a strike would probably result in the suspension of transportation of passengers and freight on plaintiff's extensive railway system with the consequence that plaintiff would be impeded in its ability and obligation to provide common carrier service in the public interest as required by statute. Many of its employees would be deprived of wages and employment during any such strike. An extended area of the country and many businesses would be deprived of essential transportation services and interstate rail transportation would be seriously impeded to the detriment of private and public business and to the injury and impairment of public safety and health.

 (9) There is substantial showing from the history of the relationship between the parties that the subject matter of defendants' Section 6 notice relates to matters that are mandatorily bargainable under the Railway Labor Act and does relate to "rates of pay, rules, or working conditions" within the meaning of Section 6 of the Railway Labor Act.

 (10) There is also a substantial showing from the history of the relationship between the parties that defendants' attempt to modify the national agreement without resorting to the multi-employer bargaining unit which had previously considered the subject matter of the Section 6 notices is a violation of the plaintiff's rights under the Railway Labor Act.

 (11) The parties to the Mediation Agreement of 1964, including the parties to this action, are presently engaged in bargaining concerning modification of the "contracting ...


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