Myers v. Louisiana & A. Ry. Co.

• Decision Date: 06 February 1933
• Docket Number: No. 519.,519.
• Citation: 7 F. Supp. 92
• Court: U.S. District Court — Western District of Louisiana
• Parties: MYERS et al. v. LOUISIANA & A. RY. CO.

7 F. Supp. 92

MYERS et al. v. LOUISIANA & A. RY. CO.

No. 519.

District Court, W. D. Louisiana, Shreveport Division.

February 6, 1933.

Barnette & Roberts, of Shreveport, La., for complainants.

Burford & White, of Shreveport, La., for respondents.

DAWKINS, District Judge.

Plaintiff C. P. Myers, a resident of Caddo parish, La., brings this suit individually, as an employee in the capacity of a conductor, and as the general chairman of the Order of Railway Conductors, and the petition further recites that it is by "all of the conductors of the L. & A. lines, who are members of the Order of Railway Conductors." It alleges that the defendant is a corporation, under the laws of Delaware, doing business in the state of Louisiana; that Myers retains his rights as a conductor on said lines; that in his official capacity he is authorized to represent the order and its members in all disputes and grievances with the Railway Company; that he has made many requests for conferences, which the defendant has refused and will not recognize him as the representative of said order. The petition alleges two specific instances in which the conferences were requested by letters dated September 23, 1932, copies of which, with the replies of defendant, are attached to the petition, as well as copies of three other letters demanding such conferences, to which the petition alleges no reply was made. It further alleges that prior to these particular instances numerous requests had been made for conferences with respect to other matters, which had been refused or ignored. It is charged that by thus refusing to deal with petitioner as the proper representative of the Order of Railway Conductors, and through influence, coercion, and discriminatory dealings with the men, the officers of the company have repeatedly attempted to have the said Myers removed or displaced as general chairman and to have some one succeed him that the company could control.

The petition further alleges as follows:

"XIV. That on many occasions the defendant, the Louisiana and Arkansas Railway Company, through its officers and agents has attempted to influence its conductors, your petitioners, in their self-organization, and in the choice of their representatives and the general conduct of their affairs and that it has even attempted to bring about friction among the members of the Order of Railway Conductors in the attempt to break down the organization.

"XV. That the continued practice of the defendant, the Louisiana and Arkansas Railway Company, in refusing to meet petitioner C. P. Myers as the duly designated and authorized representative of the conductors of the said Louisiana and Arkansas Lines in conference on disputes and claims affecting the rates of pay and/or working conditions has caused petitioners irreparable injury, and the further continuance of the arbitrary action of defendant in refusing to recognize and to meet in conference petitioner C. P. Myers, General Chairman representing the conductors, will amount to further irreparable injury, for which there is no adequate remedy at law, which irreparable injury complained of is the deprivation of representation rights.

"XVI. That the defendant, the Louisiana and Arkansas Railway Company, by its arbitrary and unlawful action in refusing to meet the duly authorized and designated representative of the conductors, has influenced or attempted to influence, interfere with and coerce the conductors in their designation of representatives, and has by said unlawful action brought about a condition whereby petitioner C. P. Myers can be of no service to his organization, which is composed of the petitioners herein, because of his inability to secure conference and ultimate settlement on disputes and claims which affect petitioners; and that the position of General Chairman can be no longer maintained by petitioner C. P. Myers if the defendant is permitted to arbitrarily decline to meet him in his representative capacity.

"XVII. That petitioner C. P. Myers has been elected General Chairman by referendum vote as above alleged, and that the term of office will expire January 31, 1935 unless sooner dismissed because of his inability to be of service to the organization.

"XVIII. That petitioner C. P. Myers, General Chairman, shall receive for his official services a salary of $250.00 per month or $3000.00 per year to be paid by the Order of Railway Conductors of the Louisiana and Arkansas Lines, and that if his services as General Chairman are terminated because of the refusal of the defendant to meet him in conference, which will ultimately result if the defendant is not enjoined, he will suffer damage in the loss of his salary to an amount far in excess of $3000.00.

"XIX. That under the provisions of section 3 of the Railway Labor Act, Boards of Adjustment may be created by agreement between any carrier or group of carriers, or the carriers as a whole, and its or their employees and the agreement shall provide, among other things, the manner in which certain disputes may be handled and shall provide further that disputes may be referred to the Adjustment Board upon failure to reach adjustment in conference, and that the defendant, the Louisiana and Arkansas Railway Company, has by agreement between it and a group of other carriers and a group of employees, including your petitioners, created an Adjustment Board under the provisions of this Act.

"XX. That under the Railway Labor Act employees who have grievances and claims in dispute in order to have same finally settled and adjusted, must necessarily go through the medium of conference, represented in such conference by their duly designated and authorized representative, who in case of the conductors, is your petitioner, C. P. Myers, and in failure of settlement of the disputes in conference by their representative, then their cases may be referred to the said Adjustment Board or the Board of Mediation, created by the Railway Labor Act, according to the nature of the dispute. Therefore, your petitioners suffer irreparable injury when their employer, the Louisiana and Arkansas Railway Company, refused to confer on their disputes with their duly accredited representative, General Chairman C. P. Myers, for they are then left without recourse under the Railway Labor Act for the conference is a necessary precedent to appeal to the Board of Adjustment or the Board of Mediation as the case may be, and they thereby lose their claims and rights without the benefit of representation and their right to appeal, which are irreparable injuries, for which there is no adequate remedy at law."

The prayer of the petition was for a rule upon the defendant to show cause why a preliminary injunction should not issue "restraining and prohibiting defendant from refusing to meet and confer" with Myers in his official capacity, "at his request from time to time on all disputes between it * * * and its conductors * * * and from influencing, interfering with or coercing its conductors * * * either directly or indirectly, in the manner in which they may choose to designate and authorize their representative or representatives" to meet those of the defendant, from interfering with their self-organization and, upon final trial, that the injunction be made permanent.

A rule was issued December 2, 1932, and made returnable on the 17th of the same month. At the hearing, defendant moved to dismiss the bill and, subject thereto, filed answer to the rule. The motion to dismiss was upon the ground that the court was without jurisdiction "as to the parties or for injunctive relief." Further, that the "Order of Railway Conductors invoked the services of the Board of Mediation on August 27, 1932, on the question of alleged refusal of defendants to meet and transact business with C. P. Myers," and that cause was still pending before the Board.

In its answer, defendant moved to strike most of the allegations of the bill on the ground of impertinency, and subject thereto denied its allegations, except that it admitted plaintiff Myers retained his status as a conductor-employee of the defendant, that certain of its conductors belonged to the Order of Railway Conductors, "and defendant is informed that C. P. Myers was by them elected General Chairman of the General Committee." It also moved to strike the reference to other conductors as having joined in the bill, for the reason that their names and residences were not given. It specially pleaded that a contract had been made with the General Committee of the Order of Railway Conductors, on December 1, 1931, wherein said General Committee "was designated as a body to represent conductors in the making of contracts, rates, rules and working agreements and the interpretation thereof. * * * And defendant is not...