Louisville and Nashville Railroad Company v. Bass

• Decision Date: 05 May 1971
• Docket Number: Civ. A. No. 6568.
• Citation: 328 F. Supp. 732
• Parties: LOUISVILLE AND NASHVILLE RAILROAD COMPANY, Plaintiff, v. Clifford E. BASS et al., Defendants.
• Court: U.S. District Court — Western District of Kentucky

328 F. Supp. 732

LOUISVILLE AND NASHVILLE RAILROAD COMPANY, Plaintiff, v. Clifford E. BASS et al., Defendants.

Civ. A. No. 6568.

United States District Court, W. D. Kentucky, Louisville Division.

May 5, 1971.

COPYRIGHT MATERIAL OMITTED

John P. Sandidge, Woodward, Hobson & Fulton, M. D. Jones, Eugene W. Herde, David M. Yearwood, Louisville, Ky., for plaintiff.

William V. Seiller, Ewen, MacKenzie & Peden, Herbert L. Segal, Segal, Isenberg, Sales & Stewart, Louisville, Ky., Richard R. Lyman, Mulholland, Hickey & Lyman, Toledo, Ohio, for defendants.

JUDGMENT GRANTING PERMANENT INJUNCTION

JAMES F. GORDON, Chief Judge.

This cause having been submitted upon a stipulation of the parties which includes all the material facts, and after oral and written presentation of arguments by counsel and, for the reasons and grounds set forth more fully in the Court's detailed Findings of Fact, and Conclusions of Law and Opinion entered in this cause directing the entry of Judgment for the plaintiff in accordance therewith, the Court, being fully advised in the premises, finds:

1. On or about November 8, 1968, notices were served upon the plaintiff and other Class I railroads pursuant to § 6 of the Railway Labor Act (45 U.S.C.A. § 156) by the International Association of Machinists and Aerospace Workers, International Brotherhood of Electrical Workers, Sheet Metal Workers International Association and International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers (herein referred to as the "shopcraft unions"). These notices sought proposed changes in general wage rates and certain other wage adjustments. On or about November 29, 1968, the railroads served their counter-proposals upon the four unions. The subsequent handling of all these notices was upon a national basis.

2. The dispute involving these § 6 notices was handled by the duly authorized representatives of the parties thereto through all the major dispute procedures of the Railway Labor Act (45 U.S.C.A. § 151 et seq.) and, on December 4, 1969, both groups of representatives initialed a Memorandum of Understanding which set forth the terms of an agreement acceptable to all the representatives. However, the members of one of the four shopcraft unions declined to ratify the agreement and the dispute remained unresolved as to all of the unions. An authorized nationwide strike by all four unions was threatened to commence on March 5, 1970.

3. (a) On March 4, 1970, Congress enacted and the President of the United States signed into law Senate Joint Resolution No. 180, Public Law 91-203, which Joint Resolution extended to 12:01 A.M. on April 11, 1970, the "cooling off" period of Section 10 of the Railway Labor Act (45 U.S.C.A. § 160) with respect to this dispute.

(b) On April 8, 1970, Congress also enacted Senate Joint Resolution No. 190, Public Law 91-226. On April 9, 1970, the President of the United States signed into law this Joint Resolution which provided for a final resolution of this dispute upon the basis of the Memorandum of Understanding reached by all representatives of the parties on December 4, 1969.

4. Notwithstanding the enactment and signing into law of Senate Joint Resolutions Nos. 180 and 190, the individual defendants named in the caption hereof, and others acting in concert and participating with them, commenced a strike against the L & N at approximately 10:00 P.M. on April 8, 1970, and continued said strike and picketing of the plaintiff until April 13, 1970. The defendants were employees of the plaintiff and were each employed in one of the four shopcraft unions at the time of the strike. The purpose of the strike, picketing and work stoppage was to cause the L & N to cease operations in connection with this labor dispute, which actions were contrary to both Senate Joint Resolutions Nos. 180 and 190, and which dispute was settled by enactment of Senate Joint Resolution No. 190.

5. The strike, picketing and work stoppage of the named defendants and those acting in concert with them involved in this case were not authorized nor ratified by any official of any of the four shopcraft unions or by any official of any of the local lodges of the aforesaid four shopcraft unions.

6. The strike and picketing engaged in by the named defendants and others acting in concert and participating with them continued until the afternoon of April 13, 1970, and did not cease until contempt proceedings against certain defendants were in progress before this Court.

7. The strike and picketing engaged in by the named defendants and those acting in concert and participating with them resulted in other employees of the L & N refusing to cross the picket lines and the L & N's operations in the Louisville, Kentucky area were drastically curtailed. The effects of the strike and picketing increased daily and were felt throughout L & N's operations in several states. The named defendants, as well as many other unnamed defendants, are ready, willing and able to engage in a strike against the L & N and have informed the Court that they will do so unless this Court upholds the validity of Senate Joint Resolutions Nos. 180 and 190, or otherwise restrains their actions by an injunction.

8. Immediate and irreparable injury will result to the L & N unless the strike, picketing and work stoppage continues to be enjoined by this Court. The L & N has no adequate remedy at law and no adequate remedy other than injunctive relief to prevent the continuance of the strike, picketing and work stoppage. If such strike continues, it will cause the cessation of movement of freight and passengers on the plaintiff's line and in interstate commerce and will cause the plaintiff to lose large sums daily in revenue from freight, and will cause the plaintiff to incur fixed charges in a large amount daily without any revenue. The amount involved exceeds the sum of Ten Thousand Dollars ($10,000), exclusive of interest and costs.

9. Plaintiff seeks a permanent injunction against the named defendants, and others who acted in concert and participated with them, from engaging in this strike, picketing and work stoppage. The defendants, by their answer and counterclaim, seek to have declared unconstitutional Senate Joint Resolutions Nos. 180 and 190 and seek to enjoin the plaintiff from interfering with constitutional rights asserted by them.

The Court concludes:

A. That it has jurisdiction of the subject matter and of the parties to this action for the purpose of granting a permanent injunction;

B. That the issues raised by the defendants upon their counterclaim present no substantial federal constitutional question and the Court overrules the defendants' request for the appointment of a three-judge court pursuant to the provisions of 28 U.S.C. § 2282;

C. That the strike, picketing and work stoppage conducted by the named defendants and those acting in concert with them against the L & N were in violation of Senate Joint Resolution No. 180 when commenced and, since April 9, 1970, such actions have been and would continue to be in violation of Senate Joint Resolution No. 190;

D. That the strike, picketing and work stoppage conducted by the named defendants and those acting in concert with them also constitute an unauthorized wildcat strike in violation of the provisions of the Railway Labor Act (45 U.S.C.A. § 151 et seq.);

E. That the permanent injunction should be issued as prayed for in the complaint, as amended.

It is, therefore, ordered, adjudged and decreed, that the defendants, Clifford E. Bass, A. W. Richardson, R. D. Chandler, J. L. Dawson, Paul A. Stafford, Jack E. Collins, John P. Stirling, Robert N. Bryant, Gary L. Steiger, Lee E. Padgett, David W. Hess, George W. Powell, Charles E. Hansbrough, N. W. Shelton, W. T. Glover, III, W. M. Higgins, J. R. Richardson, Paul D. French, James T. Stirling, Barney Hoskins, John D. Eaves, James M. Fulton, Herbert D. Gibson, E. E. Everidge, Kenneth D. Young and J. M. Stayton, and all persons in active concert or participating with them, be and they are hereby enjoined:

(a) From engaging in a strike, picketing or work stoppage against the plaintiff in connection with the dispute over the § 6 notices served in November 1968 and which dispute was finally resolved by the Congress by enactment of Senate Joint Resolution No. 190, and from carrying out the threat of the wildcat strike over this dispute.

(b) From, for the purposes set out in (a), in any manner impeding, obstructing, hampering or interfering with the business of the plaintiff.

(c) From, for the purposes set out in (a), preventing or attempting to prevent by any species of intimidation, threats, force or coercion, any of the plaintiff's officers, agents, employees, representatives, and others having business with the plaintiff, from entering, leaving, and transacting business on its premises.

(d) From, for the purposes set out in (a), picketing the properties of the plaintiff and from interfering with ingress or egress from its premises, including delivery, unloading, and dispatching of its rolling stock and other equipment, in, on, about and between the plants and premises of its customers, or from loitering or congregating at or near any of the approaches thereto, or upon any public street or highway leading into or from any place the employees of the plaintiff desire to enter or leave in route from or to said premises.

(e) From, for the purposes set out in (a), inducing, or attemping to induce, others to participate in any strike, picketing or stoppage of work or interruption of the operation of the plaintiff's railroad.

It is further ordered that the plaintiff's motion to strike certain defenses be and it is hereby overruled as this action is decided on the merits.

It is further ordered that the counterclaim of the defendants against plaintiff be and it is hereby dismissed.

It is further ordered that, since the restraining order which was...