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BENJAMIN v. TRAFFIC EXEC. ASS'N—EASTERN RAILROADS

No. 85 Civ. 5482 (LLS).

688 F.Supp. 903 (1988)

Marilyn BENJAMIN, Administrator for the Estate of Marc Benjamin, and Gloria Downey, individually and on behalf of all others similarly situated, Plaintiffs, v. TRAFFIC EXECUTIVE ASSOCIATION—EASTERN RAILROADS, Eastern Railroad Association, and Eastern Weighing and Inspection Bureau, Defendants.

United States District Court, S.D. New York.

June 14, 1988.

Attorney(s) appearing for the Case

Much Shelist Freed Denenberg Ament & Eiger, P.C., Chicago, Ill. (Michael J. Freed, Kenneth A. Wexler, of counsel); Wolf Popper Ross Wolf & Jones, New York City (Robert A. Skirnick, Ellen P. Chapnick, of counsel), for plaintiffs.

Sidley & Austin, New York City (Michael W. Youkon, of counsel); Sidley & Austin, Washington, D.C. (G. Paul Moates, Per A. Ramfjord, of counsel), James S. Whitehead, Chicago, Ill., for defendants.

OPINION

STANTON, District Judge.

Defendants' motion for summary judgment and plaintiffs' motion for a trial de novo raise the question of the legal effect to be given the determination of an Arbitration Board that the Eastern Weighing and Inspection Bureau ("EWIB") employees represented by plaintiffs were not "employees of a rate bureau" entitled to protective benefits under § 219(g) of the Staggers Act, 49 U.S.C. § 10101 et seq.,

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