United Transp. Unions 385 & 77 v. Metro-North Commuter, 94 Civ. 2979 (RWS).
Decision Date | 25 August 1994 |
Docket Number | No. 94 Civ. 2979 (RWS).,94 Civ. 2979 (RWS). |
Citation | 862 F. Supp. 55 |
Parties | UNITED TRANSPORTATION UNION LOCAL UNIONS 385 AND 77, and International Brotherhood of Electrical Workers Local Unions 817, 747, 859, Plaintiffs, v. METRO-NORTH COMMUTER RAILROAD COMPANY, Defendant. |
Court | U.S. District Court — Southern District of New York |
Graham, Campaign & McCarthy, P.C., New York City (J. Brian McCarthy, of counsel), for plaintiffs.
Siff Rosen, P.C., New York City (Mark S. Landman, Lori S. Wolmetz, of counsel), for defendant.
Defendant Metro-North Commuter Railroad Company ("Metro") has moved for an order, pursuant to Rule 12(b), Fed.R.Civ.P. ("Rule 12(b)"), dismissing the complaint in this action for lack of subject matter jurisdiction. For the following reasons, this motion is denied.
Plaintiff The United Transportation Union has as members approximately 700 of Metro's conductors, assistant conductors, and trainmen, and has two local unions, 385 and 77. Plaintiff The International Brotherhood of Electrical Workers has as members approximately 800 of Metro's electrical workers, and has four local unions, 817, 747, 859, and 1631.
Metro is a public benefit corporation organized as a wholly owned subsidiary of the Metropolitan Transportation Authority pursuant to the Public Authorities Law of the State of New York, and is a common carrier by rail engaged in interstate commerce.
This is a declaratory judgment action brought by plaintiffs the United Transportation Union Local Unions 385 and 77, and International Brotherhood of Electrical Workers Local Unions 817, 747, and 859 (collectively, the "Union"), challenging Rule P of Metro's Rules of the Operating Department ("Rule P") as violative of 45 U.S.C. § 60 ("Section 60") of the Federal Employer's Liability Act ("FELA").
Rule P provides that:
Section 60 provides that:
Any contract, rule, regulation, or device whatsoever, the purpose, intent, or effect of which shall be to prevent employees of any common carrier from furnishing voluntarily information to a person in interest as to the facts incident to the injury or death of any employee, shall be void, and whoever, by threat, intimidation, order, rule, contract, regulation, or device whatsoever, shall attempt to prevent any person from furnishing voluntarily such information to a person in interest, or whoever discharges or otherwise disciplines or attempts to discipline any employee for furnishing voluntarily such information to a person in interest, shall, upon conviction thereof, be punished by a fine of not more than $1,000 or imprisoned for not more than one year, or by both such fine and imprisonment, for each offense: Provided, That sic nothing herein contained shall be construed to void any contract, rule, or regulation with respect to any information contained in the files of the carrier, or other privileged or confidential reports.
The Union seeks, among other things, to enjoin Metro from enforcing Rule P and seeks an Order requiring Metro to rescind Rule P.
The Union filed this declaratory judgment action on April 22, 1994. The present motion was argued on June 15, 1994. On June 16, 1994, the Union supplied the court with an order entered in the case of Harper v. Missoun Pacific R. Co. and Union Pacific R. Co., 201 Ill.Dec. 760, 636 N.E.2d 1192 (1994). On June 29, 1994, the Union supplied the Court with a copy of Hawaiian Air Lines, Inc. v. Norris, ___ U.S. ___, 114 S.Ct. 2239, 129 L.Ed.2d 203 which is reported at (1994). Metro responded by letter of July 1, 1994, to which letter the Union responded on July 7, 1994, on which date this motion was considered fully submitted.
Standards under Rule 12(b)(1)
Metro's motion is based on the premise that this dispute involves nothing more than a challenge to one of its work rules and therefore is governed by the Railway Labor Act, 45 U.S.C. §§ 151-163 (the "RLA"), and the exclusive grievance resolution procedures set forth in 45 U.S.C. § 153. Because the RLA vests the National Railroad Adjustment Board ("NLRB") with exclusive jurisdiction to resolve disputes such as the present one, Metro claims, this Court lacks subject matter jurisdiction over this dispute and should dismiss the case.
Rule 12(b)(1) allows a defendant to bring a motion to dismiss asserting a "lack of jurisdiction over the subject matter." When the existence of federal subject matter is challenged, the trial court must consider the evidence to satisfy itself as to the existence of its power to hear the case. Brown v. United States, 92 Civ. 82S, 1994 U.S.Dist. LEXIS 8793, at *9 (W.D.N.Y. June 8, 1994).
Labor relations in the railroad industry are governed by the RLA, and, as recently explained by the United States Supreme Court:
Congress' purpose in passing the RLA was to promote stability in labor-management relations by providing a...
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