approximately 3000 regularly scheduled Greyhound routes and 700 regularly scheduled Trailways routes, comprising over 90% of the Nation's intercity bus capacity. Since March 19, 1987, GLI has directed the work and controlled the labor relations of approximately 6000 former Greyhound drivers, to which it added approximately 1400 additional Trailways drivers on July 14, 1987. The former Greyhound drivers, from the original Greyhound Company, were members of the Council Union prior to July 14, 1987, while the plaintiff class were members of three other unions prior to the above date; the United Transportation Union, the Amalgamated Council of Trailways Local Unions and an independent union.
On or about March 19, 1987, GLI as successor to the original Greyhound Company, recognized the Council as the exclusive bargaining representative of its then newly hired GLI bus drivers. At that time, GLI and the Council agreed that the seniority of the former Greyhound drivers, GLI's new hires, should date back to the first day of their employment with the original Greyhound Company.
Plaintiffs state that the recognition of seniority based on the former Greyhound drivers date of hire by the original Greyhound Company was critical to the membership of the Council since the opportunity to bid on run assignments and otherwise obtain and retain work, among other things, is governed by seniority. Seniority determines where, when, and how a driver works. Seniority determines where the driver lives, when the driver may see his or her family, and the amount, extent and regularity of the driver's earnings. New hires lack sufficient seniority to obtain work on regular runs, are subject to seasonal layoffs, and usually work as substitute drivers with assignment from what is called the "extraboard." Plaintiffs contend, apparently without contradiction, that new hires are limited to minimal earnings.
Upon purchase of Trailways, GLI recognized the Council as the exclusive bargaining representative of the plaintiff class; thus plaintiffs contend that the Council assumed the statutory duty to represent the plaintiff class fairly and evenly with all other drivers in the GLI collective bargaining unit.
The plaintiff class began work for GLI on and after July 14, 1987 with the Trailways date of hire seniority intact and fully recognized. After that date, GLI commenced negotiations with the Council on the subject of the retention of seniority then accorded to the plaintiff class. GLI proposed in the negotiation that the plaintiff class, with certain minor modifications, have their Trailways date of hire seniority made permanent. The GLI proposal would have accorded the former Trailways drivers the same seniority treatment that the former Greyhound drivers had been accorded four months earlier, thus merging the Trailways and Greyhound seniority lists in a system called "dovetailing."
The plaintiffs contend that the Council "arbitrarily refused" to agree to the proposal which would have dovetailed the seniority lists. Plaintiffs state that the Council countered with a demand for contract concessions in wages and benefits estimated by GLI to cost more than 30 million dollars as the price for some limited form of seniority recognition for the plaintiff class. Finally, the dovetailing proposals were abandoned and GLI proposed another form of seniority protection for the plaintiff class. It is alleged that the Council rejected that plan as well and that the Council insisted upon "endtailing." Endtailing refers to a system under which seniority of the Trailways drivers would be determined from July 14, 1987, the date Trailways was acquired by GLI. Plaintiffs note that the GLI proposal was rejected on November 10, 1987, "when an overwhelming majority of members with pre-hire Greyhound seniority, at the urging of some elected officers, voted it down." Complaint par. 18.
In their complaint, the plaintiffs ask that the Court issue a permanent injunction enjoining the defendants from implementing the new seniority rosters and work assignments endtailing the plaintiff class, award the plaintiff class their lost wages and future wages, reinstate seniority and wages to plaintiffs and award the members of the class the sum of $ 25,000 each.
In Part I, supra, the Court set forth the factual allegations made by the plaintiffs which are essentially undisputed. Here, the Court sets forth the background of this litigation and the agreements entered into by the parties.
When the plaintiffs filed their complaint, they also filed a motion for a temporary restraining order. The Court, with the agreement of the parties, did not entertain the motion for a temporary restraining order, but instead scheduled a hearing on plaintiffs' motion for a preliminary injunction for January 4, 1988. See Order filed December 28, 1987.
Prior to the January 4th hearing, the Court was informally advised by the parties that the parties had tentatively agreed to a procedure for handling the case which would have the Court approve and enter a Consent Order appointing a Special Master to consider this case. At the January 4th hearing, counsel for the parties advised the Court that the parties had entered into an agreement under which the case was to be referred to a Special Master, Lawrence E. Seibel,
to determine certain issues. The parties agreed to share the expenses of the Special Master. The plaintiffs also presented an unopposed motion for class certification.
At the hearing, the parties presented the Court with the Stipulation of the Parties (Stipulation) which was signed on behalf of all parties. In the Stipulation, the parties agreed that the Court should appoint Mr. Seibel as Special Master to determine two issues raised in the case. First, under "all the circumstances of this case, did the Union [Council] violate its duty of fair representation under federal labor law." Second, if the Special Master found that the Counsel did violate its duty of fair representation, "how should seniority fairly be allocated between the Greyhound and Trailways drivers on one integrated seniority list." The Stipulation set forth a procedure to be used before the Special Master. All parties to the case were to participate in the proceedings and the record was to consist of the record in the instant case and the record in GLI Holding Company v. Amalgamated Council of Greyhound Local Unions, Civil No. 87-2144 (D.D.C.), hereinafter sometimes referred to as the GLI Holding Company case.
The Stipulation provided for the presentation of evidence before the Special Master and set forth the dates and place for hearing and the dates for specified action. It provided that the Special Master was to file his final decision on or before January 25, 1988. It also provided that the decision of the Special Master was to become "effective immediately." In addition, it provided that: "In no event shall the Special Master's award impose damages, costs, or fees on any of the parties." On January 25, 1988, the Special Master was to file his Decision for review by the Court. The Stipulation was approved, signed and filed by the Court on January 4, 1988.
Pursuant to the agreement of the parties and the Stipulation, the Court signed and filed a Consent Order on January 4, 1988. The Consent Order provides, in part, that "the award of the Special Master shall constitute a final settlement and resolution of this controversy binding upon all parties to this litigation pending final approval of the Court." Consent Order, par. 6. The Consent Order provides also that the Court shall review the award of the Special Master "to ensure that it is consistent with [the Consent Order]."
After the Special Master filed his Decision, the Court entered an Order based upon the Agreed Motion for Class Certification filed by the parties on January 29, 1988. In that order, the Court made the requisite findings and ruled that the class consisted of the following persons:
All bus drivers employed by Trailways on July 13, 1987, who have subsequently accepted employment as drivers by Greyhound on or after July 14, 1987, or who were on sick leave on July 13, 1987.
See Order filed February 1, 1988. The Order for class certification also provided that a Notice to Former Trailways Drivers would be sent to all class members describing the action, setting forth the status and advising the class members of their right to file objections, provided that such objections were received by the Court on or before March 7, 1988. The Notice also provided that the Court would hold a hearing to consider entry of judgment and any objections thereto "at 1:30 p.m. on March 21, 1988 in Courtroom 17, 6th floor."
At the hearing the Court heard arguments on the motions to intervene. The Court also advised counsel for the Amicus Curiae that its brief would be accepted for that limited purpose. The Court then heard only objections by those members of the class who had complied with the requirements of the Notice and who chose to speak in open court.
The first issue which must be addressed by the Court is whether the motions to intervene filed on behalf of R.P. Evans and other original Greyhound drivers and on behalf of Local 1202 should be granted. After careful consideration of the motions and oppositions thereto, the Court concludes that the motions to intervene should be denied.
Fed. R. Civ. P. 24(a) provides:
(a) Intervention of Right. Upon timely application anyone shall be permitted to intervene in an action: (1) when a statute of the United States confers an unconditional right to intervene; or (2) when the applicant claims an interest relating to the property or transaction which is the subject of the action and the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant's ability to protect that interest, unless the applicant's interest is adequately represented by existing parties.