Railroad Yardmasters of America v. St. Louis, SF & T. Ry. Co.

• Decision Date: 10 April 1963
• Docket Number: Civ. A. No. 4695.
• Citation: 218 F. Supp. 193
• Parties: RAILROAD YARDMASTERS OF AMERICA v. ST. LOUIS, SAN FRANCISCO AND TEXAS RAILWAY COMPANY.
• Court: U.S. District Court — Northern District of Texas

218 F. Supp. 193

RAILROAD YARDMASTERS OF AMERICA v. ST. LOUIS, SAN FRANCISCO AND TEXAS RAILWAY COMPANY.

Civ. A. No. 4695.

United States District Court N. D. Texas, Fort Worth Division.

April 10, 1963.

Mullinax, Wells, Morris & Mauzy, Dallas, Tex., for plaintiff.

Allen, Gambill & Gambill, Fort Worth, Tex., Burford, Ryburn & Ford, Dallas, Tex., Martin M. Lucente, Chicago, Ill., Ernest D. Grinnell, Jr., St. Louis, Mo., for defendant.

BREWSTER, District Judge.

This case involves another phase of what Mr. Justice Clark, in Order of Railroad Telegraphers v. Chicago & N. W. R. Co., 1960, 362 U.S. 330, 342, 80 S.Ct. 761, 4 L.Ed.2d 774, 784, referred to as the "financial headaches" of the railroads, which management and labor, collectively, claim is attributable in part to the failure of managerial, financial, operational and work standards to keep pace with the technological improvements in the industry. The controversy in the present case arose from actions of the railroad designed to eliminate what it considered an obsolete employee classification without first bargaining with the certified union.

The suit is by the Railroad Yardmasters of America, herein called "Union", against the St. Louis, San Francisco and Texas Railway Company, herein called "Railroad", for an injunction and a declaratory judgment. The relief prayed for is in substance:

(a) that the Railroad be enjoined from abolishing the classification of yardmaster at its Fort Worth yards and elsewhere, or from transferring the duties of such classification to other of its employees outside the bargaining unit represented by the Union, unless and until the Railroad shall have complied with the requirements of the Railway Labor Act as to notice, collective bargaining, negotiation, mediation and other necessary procedures;

(b) that a judgment be granted declaring that any unilateral action of the Railroad in abolishing the yardmaster classification, or in transferring the duties of said classification to other of its employees outside the bargaining unit represented by the Union, will be in violation of the Railway Labor Act.

The Railroad urges the following defenses:

1. It has the right to discontinue yardmaster positions upon 48 hours advance notice under Rules 15 and 16(e) of its collective bargaining agreement with the Union.

2. The Union and the particular yardmasters involved have not complied with the grievance procedure set out in Rules 11 and 12 of the collective bargaining agreement.

3. The dispute involved is only one over the interpretation of an existing agreement, and is therefore a minor dispute exclusively within the jurisdiction of the National Railroad Adjustment Board established by Section 3 of the Railway Labor Act. 45 U.S.C.A. Sec. 153.

4. The Union and the particular yardmasters involved have an adequate remedy at law.

It is important to point out in the beginning that the Union has not put in litigation the question of whether the Railroad can abolish individual yardmaster positions without securing the consent of the Union. Its claim here is only that the Railroad cannot take unilateral action designed to eliminate the yardmaster classification, without having given notice under Section 6 of the Railway Labor Act and having exhausted the negotiation and mediation procedures under that Act.

The Court has jurisdiction of this case under 28 U.S.C.A. Sec. 1337. Brotherhood of Locomotive Engineers v. Baltimore & Ohio R. Co., 7 Cir., 1962, 310 F.2d 503, affirmed, 1963, 372 U.S. 284, 83 S.Ct. 691, 9 L.Ed.2d 759; Order of Railroad Telegraphers v. Chicago & N. W. R. Co., supra.

Both parties hereto are subject to the provisions of the Railway Labor Act. 45 U.S.C.A. Sec. 151 et seq. The fundamental question involved is whether the dispute is major or minor within the decisions construing the Act. If it is minor, the Union cannot maintain this action here, but must present its complaint to the National Railroad Adjustment Board. On the other hand, if the dispute is major, the Union is entitled to the relief prayed for in this case.

The Union is an unincorporated association organized for the purposes and objectives of a labor organization representing the class or craft of railroad employees which includes yardmasters. In May, 1945, the National Mediation Board certified that the Union was duly designated and authorized to represent the class or craft of yardmasters employed by the Railroad for the purposes within the purview of the Railway Labor Act.

The Railroad here is a unit in an affiliation of common carriers which make up what is known as the "Frisco System", sometimes referred to herein as the "Frisco". The St. Louis-San Francisco Railway Company is the parent company and the principal owner. The third one is the Alabama, Tennessee and Northern Railroad Company. The three companies are under common ownership by permission of the Interstate Commerce Commission to the extent that they can so operate under existing laws. They are related by management, and operate as a unit to the extent permitted by law. The Frisco system as a whole, and each of its constituent companies in particular, operates as a common carrier by railroad engaged in interstate commerce. The Frisco serves an area which includes Texas, Missouri, Oklahoma, Arkansas, Tennessee, Alabama and Florida. It is an important part of the national transportation system. The defendant in this case, the St. Louis, San Francisco and Texas Railway Company, is necessarily chartered under the laws of Texas to comply with Article 6260, Vernon's Annotated Texas Civil Statutes. A portion of the Texas subsidiary's interstate system, including its home office and one of its railroad yards or terminals, is located in Fort Worth, Texas.

The same certification of the Union and the same collective bargaining agreement relate to all of the units in the entire Frisco system.

One of the classifications of employees engaged by the Railroad is that of "Yardmaster". The work of such classification is now and for the foreseeable future will be necessary to the conduct of the Railroad's operation. There is presently in effect between the Union and the Railroad a collective bargaining agreement covering the duties, wages and working conditions of yardmasters of all grades involved in this case. The agreement, as amended from time to time, has been in force since 1945. The last revision was effective February 1, 1957. The agreement has never been terminated.

The 1957 version of the "Rules of Transportation Department" sets out in detail the duties of the various employees engaged in the actual operation of the Railroad. The rules are in a bound, printed booklet, which has on its cover the title: "Rules of the Frisco System". Such printed rules are no part of the collective bargaining agreement, and do not constitute any agreement between the Railroad and its employees; but the 1927 version of such rules was in effect at the time the present collective bargaining agreement was made. Insofar as the questions in this case are concerned, there has been no substantial difference in the various publications of the "Rules of the Transportation Department" from 1926 to date. The following is quoted from such rules to show the nature of work required of yardmaster in the Frisco system:

"816. At stations where yardmaster is employed, trains and engines will be under control of yardmaster, and all employees in train, yard and engine service will be subject to his direction. Road crews of trains in such yards will be responsible for their respective trains and engines until same are taken charge of by the yardmaster or his representative."

"825. Yardmasters will report to the general yardmaster, trainmaster, assistant superintendent or superintendent. They have charge of the yards assigned to them and have supervision of all yard employees and other train and engine men when within yard limits. They will require the proper discharge of duty and observance of rules by all employes subject to their direction.

"826. They are responsible for making up and dispatchment of passenger trains on schedule. Where switching is performed on passenger trains, they will arrange for engine to be available and for the work to be done promptly.

"827. They are responsible for the making up of freight trains with proper tonnage and will arrange to have train properly classified, checked and inspected before leaving time. They will see that conductor is provided with waybills for loaded cars and billing and home route cards for empty cars. They will see that freight assigned to particular trains is forwarded in such trains.

"828. They are responsible for compliance with requirements as to diversions, refrigeration, ventilation and heating of cars of perishable freight, the safe and proper handling of explosives and flammables and the prompt handling of livestock to prevent over-confinement.

"829. They must, unless otherwise provided:

"See that notices are posted on bulletin boards, and that all obsolete notices are removed.

"Arrange for proper inspection of cars; and that cars requiring repairs or transfer are promptly placed and moved after repairs or transfers are completed.

"Require daily check of waybills racks and see that all cars are moved promptly.

"Make prompt wire report of all accidents and personal injuries.

"See that engine and train men are ready to leave at the appointed time."

On or before October 8, 1962, the Railroad determined to abolish the classification of yardmaster at its Fort Worth yards, and to transfer the duties of said classification to other of its employees outside the bargaining unit represented by the Union. For the purpose of carrying out that plan, the Railroad gave written notice on the above mentioned date to General Yardmaster J. R. Joplin, Jr., Second Yardmaster J. D. Choate, and Third Yardmaster A. C. Mitchell, that the positions held by them would be abolished at the end...