Napier v. SYSTEM FEDERATION NO. 91, ETC.

• Decision Date: 22 January 1955
• Docket Number: Civ. No. 2300.
• Citation: 127 F. Supp. 874
• Parties: Sherman NAPIER et al., Plaintiffs, v. SYSTEM FEDERATION NO. 91, RAILWAY EMPLOYES' DEPARTMENT, AMERICAN FEDERATION OF LABOR et al., Defendants.
• Court: U.S. District Court — Western District of Kentucky

127 F. Supp. 874

Sherman NAPIER et al., Plaintiffs, v. SYSTEM FEDERATION NO. 91, RAILWAY EMPLOYES' DEPARTMENT, AMERICAN FEDERATION OF LABOR et al., Defendants.

Civ. No. 2300.

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

January 22, 1955.

William Friedlander, Louisville, Ky., for plaintiffs.

Richard R. Lyman, Toledo, Ohio, Robert E. Hogan, Louisville, Ky., for all defendants other than Louisville & N. R. Co.

C. S. Landrum, Lexington, Ky., for Louisville & N. R. Co.

SHELBOURNE, Chief Judge.

The facts in this case are not in dispute. The plaintiffs seek relief from certain provisions of two collective bargaining agreements executed by and between the Louisville and Nashville Railroad and System Federation No. 91, Railway Employee's Department, American Federation of Labor, herein referred to as the A. F. of L. The provisions in issue relate to seniority rights of a group of employees of the L & N Railway, classified as Laborers. In effect, the plaintiffs allege that they have been laid off by the defendant carrier through recent reductions in work force by the operative effects of the seniority provisions in issue, while other employees were retained because of a discriminatory and hostile intent of the defendants embodied in the questioned provisions, which were negotiated under circumstances denying plaintiffs due process of law.

No effort has been made to show a pattern of discrimination by the defendants other than that allegedly displayed in the agreements themselves.

Counsel for both plaintiffs and defendants agree that questions of law are at issue and that a proper determination of the law applicable to the undisputed facts in the case would properly decide the case.

The parties have by written stipulation agreed upon the facts and the Court hereby adopts such stipulation as its findings.

1. Twelve plaintiffs were dropped from laborers' seniority rosters by the railroad and thus lost their laborers' seniority rights because, while they were laid off from helper positions in one district, and while working as laborers in another district, the railroad notified each of the twelve plaintiffs and other laid-off helpers of a restoration of forces in the district where laid off, whereupon each of said plaintiffs returned to his former position as helper in a district other than the district in which he was working as laborer and remained as helper in the other district for a period of more than 30 days. The employment and seniority of those twelve employes are as follows:

(a) Sherman Napier commenced working as laborer at Hazard, Ky., November 20, 1926; was promoted to Boilermaker Helper at Hazard on March 8, 1929; transferred to South Louisville as Boilermaker Helper September 16, 1935; cut off as Boilermaker Helper South Louisville and transferred to Hazard as laborer June 16, 1949; was working as laborer at Hazard on July 22, 1949, when recalled to Shop 3, District 8, South Louisville Shops as Boilermaker Helper, transferred to that shop and remained there as such helper for more than 30 days. Prior to his transfer to South Louisville on July 22, 1949, he had laborer's seniority at Hazard from November 20, 1926; Boilermaker Helper seniority at Hazard from March 8, 1929, and Boilermaker Helper seniority District 8, South Louisville from September 16, 1935. When he remained as Boilermaker Helper at South Louisville more than 30 days after his transfer there on July 22, 1949, he was dropped from the laborer's seniority roster at Hazard and thus lost all laborer's seniority at Hazard. His claim is that he should have retained his laborer's seniority at Hazard from November 20, 1926.

(b) William D. Hillson commenced working as laborer in the South Louisville Shops November 21, 1925; was cut off in force reduction on April 20, 1932; was again employed as laborer South Louisville Shops, September 26, 1935; promoted to Carman Helper South Louisville on October 4, 1935; transferred to Boilermaker Helper, Shop 3, South Louisville, on October 29, 1935; was working as laborer in Shop No. 14, District 5, South Louisville on October 1, 1938, and on that day established laborer's seniority in District 5, South Louisville, dating from his hire-in date of August 24, 1925; was cut off as Boilermaker Helper, Shop 3, and transferred to District 5 as laborer on September 26, 1949; was working as laborer in District 5, South Louisville Shops, on November 28, 1949, when recalled to Shop 3, District 8, as Boilermaker Helper and remained in Shop 3, District 8 as such helper for more than 30 days. Prior to his transfer to Shop 3, District 8, on November 28, 1949, he had laborer's seniority in District 5 from August 24, 1925, and Boilermaker Helper seniority, South Louisville, from October 29, 1935. When he remained as Boilermaker Helper, Shop 3, District 8, more than 30 days after his transfer there on November 28, 1949, he was dropped from laborers' seniority roster for District 5 and thus lost his laborer's seniority in District 5. His claim is that he should have laborer's seniority South Louisville Shops from August 24, 1925.

(c) A. B. Johnson commenced working as laborer, South Louisville Shops, October 30, 1935; was promoted to Boilermaker Helper, South Louisville Shops, October 6, 1936; was working as laborer in Shop No. 14, District 5, on October 1, 1938, and on that day established laborer's seniority in District 5; South Louisville from October 30, 1935; was cut off as Boilermaker and transferred to District 5 as laborer on September 26, 1949; was working as laborer in District 5, South Louisville Shops on March 27, 1950, when recalled and transferred to Shop 3, District 8 as Boilermaker Helper, remained in Shop 3, District 8 as such helper for more than 30 days. Prior to his transfer to Shop 3, District 8 on March 27, 1950, he had laborer seniority in District 5 from October 30, 1935, and Boilermaker Helper seniority South Louisville from October 6, 1936. When he remained as Boilermaker Helper, Shop 3, District 8, more than 30 days from March 27, 1950, he was dropped from laborers' seniority roster for District 5 and thus lost his laborer's seniority in District 5. His claim is that he should have laborer's seniority South Louisville Shops from October 30, 1935.

(d) J. M. Beam commenced working as laborer South Louisville Shops on November 7, 1923; was promoted to Boilermaker Helper on February 26, 1924; by letter dated December 17, 1943, he requested and established laborer's seniority from November 7, 1923 in District 1, South Louisville Shops; was cut off as Boilermaker Helper, Shop 3, and transferred to District 1 as laborer on September 27, 1949; was working as laborer in Shop 1, District 1, South Louisville Shops on November 28, 1949, when recalled and transferred to Shop 3, District 8, as Boilermaker Helper and remained in Shop 3, District 8, as such helper, for more than 30 days. Prior to his transfer to Shop 3, District 8, on November 28, 1949, he had laborer's seniority in District 1 from November 7, 1923, and Boilermaker Helper seniority South Louisville from February 26, 1924. When he remained as Boilermaker Helper, Shop 3, District 8, more than 30 days from his transfer there on November 28, 1949, he was dropped from laborers' seniority roster for District 1 and thus lost his laborer's seniority in District 1. His claim is that he should have laborer's seniority South Louisville Shops from November 7, 1923.

(e) George W. Cowden commenced working as laborer at Etowah, Tennessee on August 5, 1922; was promoted to Machinist Helper at Etowah, Tennessee on June 19, 1923; transferred to Shop No. 1, South Louisville, on October 5, 1936 as Machinist Helper; was cut off as Machinist Helper Shop 1, South Louisville, and transferred to Etowah, Tennessee as laborer on June 16, 1949; was working as laborer at Etowah, Tennessee on July 22, 1949, when recalled and transferred to Shop 1, South Louisville, as Machinist Helper and remained at South Louisville as such helper for more than 30 days. Prior to his transfer to South Louisville on July 22, 1949, he had laborer's seniority at Etowah, Tennessee from August 5, 1922, and seniority as Machinist Helper, Shop 1, South Louisville, from October 5, 1936. When he remained as Machinist Helper, Shop 1, South Louisville, more than 30 days after his transfer on July 22, 1949, he was dropped from the laborers' seniority roster at Etowah and thus lost his laborer's seniority at Etowah. His claim is that he should have retained his laborer's seniority at Etowah, Tennessee, from August 5, 1922.

(f) Phillip Herd commenced working as laborer, Hazard, Ky., on August 14, 1926; was promoted to Machinist Helper at Hazard, Ky. on November 24, 1926; transferred to Shop 1, South Louisville Shops, as Machinist Helper on October 5, 1936; was cut off as Machinist Helper, South Louisville, and transferred to Hazard as laborer on June 16, 1949; was working as laborer at Hazard on July 26, 1949, when recalled and transferred to Shop 1, South Louisville, as Machinist Helper, and remained there as such helper for 30 days. Prior to his transfer to South Louisville on July 26, 1949, he had laborer's seniority at Hazard from August 14, 1926 and seniority as Machinist Helper, Shop 1, South Louisville from October 5, 1936. When he remained at South Louisville as Machinist Helper more than 30 days after his transfer on July 26, 1949, he was dropped from the laborers' seniority roster at Hazard and thus lost his laborer's seniority at Hazard. His claim is that he should have retained his laborer's seniority at Hazard, Kentucky, from August 14, 1926.

(g) J. S. Cooper commenced working as laborer at Etowah, Tennessee on January 8, 1923; was promoted to Machinist Helper at Etowah, Tennessee, on December 5, 1925, transferred to Shop 1, South Louisville, as Machinist Helper on October 5, 1936; was cut off as Machinist Helper, Shop 1, South Louisville, and transferred to...