Long Island R. Co. v. International Ass'n of Machinists

Decision Date10 April 1989
Docket NumberD,1104-1106,S.F.A,METRO-NORTH,Nos. 1093,s. 1093
Parties131 L.R.R.M. (BNA) 2001, 57 USLW 2620, 111 Lab.Cas. P 11,097 The LONG ISLAND RAILROAD COMPANY, Plaintiff-Appellee, v. INTERNATIONAL ASSOCIATION OF MACHINISTS, et al., Defendants-Appellants.COMMUTER RAILROAD COMPANY, Plaintiff-Appellee, v. INTERNATIONAL ASSOCIATION OF MACHINISTS & AEROSPACE WORKERS ("IAM"), et al., Defendants-Appellants. NJ TRANSIT RAIL OPERATIONS, INC., an Instrumentality of the State of New Jersey, Plaintiff-Appellee, v. The BROTHERHOOD OF RAILROAD SIGNALMEN, an Unincorporated Association, et al., Defendants-Appellants. NATIONAL RAILROAD PASSENGER CORPORATION, Plaintiff-Appellee, v. AMERICAN RAILWAY & AIRWAY SUPERVISORS ASSOCIATION, F. Ferlin, Jr., President, American Railway and Airway Supervisors Association, A.A. D'Allesandso, System General Chairman, American Railway and Airway Supervisors Association, J.N. Fountain, President and General Chairman, (OBS)-Lodge 5093, American Railway and Airway Supervisors Association, E.J. Gutowski, General Chairman (MW), American Railway and Airway Supervisors Association, Sherman E. Jennings, Vice President and Vice General Chairman, ARASA Lodge 5093, American Railway and Airway Supervisors Association, Amtrak Service Workers Council, J.M. Parker, Chairman, Amtrak Service Workers Council, E. Monroe, Vice Chairman, Amtrak Service Workers Council, J. Czuczman, Vice Chairman, Amtrak Service Workers Council, American Train Dispatchers Association, R.J. Irvin, President, American Train Dispatchers Association, W.A. Clifford, Vice President, American Train Dispatchers Association, R.A. Verdi, General Chairman, American Train Dispatchers Association, Brotherhood of Locomotive Engineers, L.D. McFather, President, Brotherhood of Locomotive Engineers, R.P. McLaughlin, First Vice President, Brotherhood of Locomotive Engineers, D.L. Lindsey, Vice President, Brotherhood of Locomotive Engineers, G.R. DeBolt, Vice President, Brotherhood of Locomotive Engineers, R.E. Wiggins, Acting General Chairman, Brotherhood of Locomotiv
CourtU.S. Court of Appeals — Second Circuit

Joseph Guerrieri, Jr., Washington, D.C. (Richard Ruda, Samuel Issachoroff, Michael G. Dzialo, Guerrieri Edmond & James, Washington, D.C., Sheldon Engelhard, Barbara J. Olshansky, Valerie Marcus, Hannon Kolko, Vladeck, Waldman, Elias & Engelhard, P.C., Washington, D.C., Laurence Gold, AFL-CIO, Washington, D.C., Allison Beck, Associate Gen. Counsel, Intern. Ass'n of Machinists and Aerospace Workers, Washington, D.C., Roland P. Wilder, Jr., Baptiste & Wilder, Washington, D.C., of counsel), for defendants-appellants.

Bernard M. Plum, New York City (Joseph Baumgarten, Neil H. Abramson, Proskauer Rose Goetz & Mendelsohn, New York City, of counsel), for plaintiffs-appellees, Long Island R. Co. and Metro-North Commuter R. Co. Sally D. Garr, Associate Gen. Counsel, Nat. R.R. Passenger Corp., Washington, D.C. (William G. Ballaine, Siff, Rosen & Parker, P.C., New York City, Morgan, Lewis & Bockius, Washington, D.C., of counsel), for plaintiff-appellee, Nat. R.R. Passenger Corp.

Peter N. Perretti, Jr., Atty. Gen. of New Jersey, Newark, N.J. (Robert H. Stoloff, Asst. Atty. Gen., David S. Griffiths, Deputy Atty. Gen., Newark, N.J., of counsel), for plaintiff-appellee NJ Transit Rail Operations, Inc.

Before OAKES, KEARSE and MAHONEY, Circuit Judges.

OPINION

MAHONEY, Circuit Judge:

Four railroads, The Long Island Railroad Company ("L.I.R.R."), Metro-North Commuter Railroad Company ("Metro-North"), NJ Transit Rail Operations, Inc. ("NJ Transit") and National Railroad Passenger Corporation ("Amtrak") (collectively the "Railroads") commenced separate actions in the United States District Court for the Southern District of New York against the International Association of Machinists and Aerospace Workers ("IAM") and various of its officers, together with numerous other unions named in the caption and various of their officers (collectively, sometimes including the IAM and its named officers, the "Unions"). The Unions, including IAM, represent employees of the Railroads. The IAM is on strike against Eastern Air Lines, Inc. ("Eastern"), and had expressed an intention to picket the Railroads. These actions seek injunctive relief requiring the Unions not to honor picket lines established by the IAM at the Railroads.

This appeal is taken from preliminary injunctions entered in the United States District Court for the Southern District of New York, Robert P. Patterson, Jr., Judge, which restrain the Unions, "their officers, agents, representatives and the employees represented by them, and all those in active concert or participation with them who receive notice of this [injunction]," from participating in "any ... interruption in the operation of [L.I.R.R., Metro-North or NJ Transit] by and among any of [their] employees," or in the case of Amtrak, from participating in "concerted labor activity disruptive of Amtrak's normal rail operations." All of the preliminary injunctions provided that they were not to be construed to inhibit secondary picketing and other lawful strike activities by members of the IAM who are not employees of the Railroads.

We have jurisdiction of this interlocutory appeal pursuant to 28 U.S.C. Sec. 1292(a)(1) (1982). A motion to expedite the appeal has previously been granted, see 29 U.S.C. Sec. 110 (1982 & Supp. IV 1986), a motion to allow memoranda in excess of ten pages in support of a motion for stay pending appeal was implicitly granted by acceptance of the memoranda for filing, and a motion for consolidation of the appeals is hereby granted.

We modify the preliminary injunctions as hereinafter specified with respect to their impact upon individual employees represented by the Unions, and affirm the orders granting the preliminary injunctions, as modified. We deny the Unions' motion for a stay of said orders pending appeal.

Background

On March 4, 1989, the IAM commenced a lawful strike against Eastern after exhausting without settlement the pertinent procedures mandated by the Railway Labor Act ("RLA"), 45 U.S.C. Secs. 151-188 (1982), for negotiating changes in their collective bargaining agreement. 1 On February 2 1989, the IAM informed the National Mediation Board of its general plans to engage in secondary picketing in the air, rail and manufacturing industries in connection with any strike...

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