Robinson v. Union Pacific R.R.

• Decision Date: 31 May 2000
• Docket Number: No. Civ.A. 99-K-841.,Civ.A. 99-K-841.
• Citation: 98 F.Supp.2d 1211
• Parties: Robert ROBINSON, Plaintiff, v. UNION PACIFIC RAILROAD and United Transportation Union, Defendants.
• Court: U.S. District Court — District of Colorado

98 F.Supp.2d 1211

Robert ROBINSON, Plaintiff, v. UNION PACIFIC RAILROAD and United Transportation Union, Defendants.

No. Civ.A. 99-K-841.

United States District Court, D. Colorado.

May 31, 2000.

Jeffrey Menter, Littleton, CO, for plaintiff.

Daniel R. Elliott III, Assistant General Counsel, United Transportation Union, Cleveland, OH, David B. Kiker, Rossi, cox, Kiker, Aurora, CO, Diana C. Fields, Amy Alane Sumner, Denver, CO, for defendant.

MEMORANDUM OPINION AND ORDER ON PENDING MOTIONS

KANE, Senior District Judge.

Robert Robinson filed this action on April 30, 1999 against Public Law Board No. 5914 ("PLB 5914" or "Board"), United Transportation Union ("UTU"), and Union Pacific Railroad ("Union Pacific"), claiming failure to render a timely award, breach of duty of fair representation, and breach of the collective-bargaining agreement. On May 3, 1999, I issued an order striking the Complaint.

Robinson filed a Second Amended Complaint on May 6, 1999. Union Pacific filed a Motion to Dismiss on July 23, 1999, pursuant to Rules 12(b)(1) and 12(b)(6), on the grounds of lack of subject matter jurisdiction and failure to state a claim for relief. On August 9, 1999, UTU filed a Motion for Summary Judgment. On August 16, 1999, I entered a Memorandum and Order granting Union Pacific's motion to dismiss for lack of subject matter jurisdiction. See Robinson v. Public Law Board No. 5914, 63 F.Supp.2d 1266 (D.Colo.1999).

Robinson filed a Second Motion to Amend Complaint and Reinstate the Third Claim for Relief on November 30, 1999.¹ I granted that motion on December 2, 1999, reinstating the Third Claim for Relief. On December 31, 1999, Robinson filed a Motion for Clarification of the December 2, 1999, order, specifically requesting that Union Pacific be reinstated as a party. On January 4, 2000, I granted that motion and reinstated Union Pacific as a party nunc pro tunc.

The Third Amended Complaint names Union Pacific and UTU as Defendants and asserts a Second [sic] Claim for Relief for Breach of Duty of Fair Representation and a Third Claim for Relief for Petition for Review of Award under 45 U.S.C. § 153, First (q). Pending are Plaintiff's Motion for Summary Judgment against Union Pacific; Union Pacific's Cross-Motions for Relief from Order or, alternatively, for Summary Judgment; and UTU's Motion for Summary Judgment. I deny Plaintiff's motion, grant Union Pacific's cross-motion insofar as it seeks summary judgment and grant UTU's motion based on lack of jurisdiction.

I. BACKGROUND.

While working as a Hostler/Engineer for Southern Pacific Lines in Denver, Colorado on November 18, 1994, Robinson caused an unauthorized reverse movement of a locomotive without any warning. An investigation of the incident led to Robinson's dismissal. On November 28, 1994, UTU filed a complaint with the Railroad on Robinson's behalf seeking reinstatement with seniority, back pay, and benefits for time lost until Robinson's reinstatement. After some delay, PLB 5914 was convened pursuant to the mandatory arbitration procedures under the Railway Labor Act ("RLA"), 45 U.S.C. § 153 First (i), to hear Robinson's grievance over the discharge. Upon review of the case, the Board found sufficient evidence supporting Robinson's guilt. Based on Robinson's sixteen years of seniority and the finding that the Hostler Helper was not in danger at the time of the incident, however, the Board further found the Railroad had acted unreasonably, arbitrarily, and capriciously in terminating Robinson. As such, on December 10, 1998, the Board ordered Robinson be reinstated. Given the seriousness of the charges and Robinson's careless actions, however, the Board found him deserving of a lengthy suspension and ordered him returned to work without back pay. It also ordered him to undergo retraining as a hostler before returning to work on the job. The Board stated the period Robinson was off between the dismissal and the Board's hearing would be considered a sufficiently lengthy disciplinary suspension.

II. STANDARDS FOR MOTIONS FOR SUMMARY JUDGMENT.

Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). When applying this standard, I view the evidence and draw reasonable inferences therefrom in the light most favorable to the nonmoving party. Simms v. Oklahoma ex rel. Dep't of Mental Health & Substance Abuse Servs., 165 F.3d 1321, 1326 (10th Cir.), cert. denied, ___ U.S. ___, 120 S.Ct. 53, 145 L.Ed.2d 46 (1999). Although the movant must show the absence of a genuine issue of material fact, he or she need not negate the nonmovant's claim. Id. Once the movant carries this burden, the nonmovant cannot rest upon his or her pleadings, but "must bring forward specific facts showing a genuine issue for trial as to those dispositive matters for which [he or she] carries the burden of proof." Id. "The mere existence of a scintilla of evidence in support of the nonmovant's position is insufficient to create a dispute of fact that is `genuine'; an issue of material fact is genuine only if the nonmovant presents facts such that a reasonable jury could find in favor of the nonmovant." Lawmaster v. Ward, 125 F.3d 1341, 1347 (10th Cir.1997).

III. PLAINTIFF AND UNION PACIFIC'S CROSS-MOTIONS.

Robinson seeks summary judgment against Union Pacific on the Third Claim for Relief, in which he requests me to set aside the award issued by PLB 5914 on the grounds that it was contrary to the plain meaning of the collective bargaining agreement and the Board exceeded the scope of its jurisdiction. (Third Am. Compl. ¶ 17.) Union Pacific's cross-motion requests me to set aside the December 2, 1999 and January 4, 2000 orders and to require Robinson to comply with Fed. R.Civ.P. 60(b)(2). Alternatively, Union Pacific moves, pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6), for summary judgment on the grounds that I lack subject matter jurisdiction and the Third Claim for Relief fails to state a cognizable claim. I deny Plaintiff's motion, deny Union Pacific's cross-motion insofar as it requests me to set aside the December 2, 1999 and January 4, 2000 orders, and grant that motion insofar as it seeks summary judgment under Rule 12(b)(6) for lack of subject matter jurisdiction.

A. December 2, 1999 and January 4, 2000 Orders.

Union Pacific requests me to set aside the December 2, 1999 Minute Order (granting the Second Motion to Amend Complaint and Reinstate the Third Claim for Relief) and January 4, 2000 Order Granting Motion for Clarification (clarifying the December 2, 1999 order and reinstating Union Pacific Railroad as a Defendant). Union Pacific further requests that I require Robinson to show the collective bargaining agreement, alleged to be the basis for the filing of the Third Amended Complaint reinstating the Third Claim for Relief, was "newly discovered" in accordance with Rule 60(b)(2). I decline to do so.

By its own terms, Rule 60(b) applies to a party seeking relief from a "final judgment, order or proceeding." It is inapplicable to an order pursuant to Rule 12(b)(6) dismissing some but not all defendants. I find the motion to amend the complaint was properly filed pursuant to Rule 15, rather than Rule 60, and deny Union Pacific's cross-motion insofar as it requests me to set aside the December 2, 1999 and January 4, 2000 orders.

B. Cross-Motions for Summary Judgment.

The RLA, 45 U.S.C. § 151 et seq., established the National Railroad Adjustment Board ("NRAB") to resolve "minor disputes" gave the parties the right to create additional Adjustment Boards, like PLB 5914.² Locomotive Engineers v. Louisville & N.R.R., 373 U.S. 33, 36-38, 83 S.Ct. 1059, 10 L.Ed.2d 172 (1963). The Boards have "mandatory, exclusive, and comprehensive" jurisdiction over minor disputes. Id. at 38, 83 S.Ct. 1059. Once an award has been issued, it is judicially enforceable and cannot be challenged except through the limited judicial review provided by 45 U.S.C. § 153 namely, for failure of the Board to comply with the requirements of the RLA, failure to conform or confine itself to matters within its jurisdiction, or fraud or corruption by a member of the Board. 45 U.S.C. § 153, First (q); Union Pacific R.R. Co. v. Sheehan, 439 U.S. 89, 93, 99 S.Ct. 399, 58 L.Ed.2d 354, (1978).³

Robinson initially invoked this court's jurisdiction to review the award issued by PLB 5914 by alleging the Board exceeded its jurisdiction by failing timely to hold a hearing and render an award, and failing to set a date certain for reinstatement. Rejecting this position, I granted Union Pacific's motion to dismiss for lack of subject matter jurisdiction. See Robinson, 63 F.Supp.2d at 1272. Robinson now attempts to invoke this court's jurisdiction to review the Board's award by alleging the Board exceeded its jurisdiction by rendering an award ordering his reinstatement without back pay, contrary to the plain meaning of the collective bargaining agreement.

The award in dispute was issued by PLB 5914, established by the agreement between Union Pacific and UTU dated June 21, 1996, pursuant to 45 U.S.C. § 153 Second. The agreement provided the Board had jurisdiction over the claims and grievances submitted by the UTU "arising out of grievances or out of the interpretation or application of agreements governing rates of pay, rules or working conditions. ..." (Pl.'s Mot.Summ.J., Ex. D at 2.) PLB 5914 considered Robinson's claim for reinstatement, with seniority unimpaired and payment for all time lost in light of Article 34 of the collective bargaining agreement between Union Pacific, as successor to Southern Pacific, and UTU. Article 34(J) states: "In case discipline is found to be unjust, the fireman or hostler involved, if dismissed will be reinstated with full pay for...