CSX TRANSP., INC. v. UNITED TRANSP. UNION

Nos. CIV-88-1404C, CIV-90-481C.

765 F.Supp. 797 (1991)

CSX TRANSPORTATION, INC., Plaintiff, v. UNITED TRANSPORTATION UNION, F.A. Hardin, J.A. Cianciotti, R.W. Early, United Transportation Union, Yardmasters Department, B.R. Carver, Richard P. DeGenova, American Train Dispatchers Association, R.J. Irvin, Hugh E. Martin, Brotherhood of Locomotive Engineers, L.D. McFather, J.A. LeClair, Brotherhood of Maintenance of Way Employees, G.N. Zeh, B.J. Twigg, Transportation Communications International Union, R.D. Kilroy, Dwight A. Vance, L.H. Tackett, Transportation Communications International Union, C.E. Wheeler, M.L. Crawford, International Association of Machinists and Aerospace Workers, J.F. Peterpaul, A.J. Sarcone, W.D. Snell, International Brotherhood of Firemen and Oilers, J.L. Walker, D.S. Anderson, Sheet Metal Workers International Association, D.C. Buchanan, A.R. Hicks, International Brotherhood of Electrical Workers, E.P. McEntee, George L. Laitile, Brotherhood of Railroad Signalmen, V.M. Speakman, Jr., C.T. Green, Defendants. AMERICAN TRAIN DISPATCHERS ASSOCIATION, Brotherhood of Maintenance of Way Employees, Brotherhood of Railroad Signalmen, International Association of Machinists and Aerospace Workers, International Brotherhood of Firemen and Oilers, Sheet Metal Workers' International Association, and Transportation Communications International Union (TCU), Plaintiffs, v. CSX TRANSPORTATION UNION, Defendant.

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

June 14, 1991.


Attorney(s) appearing for the Case

Akin, Gump, Strauss, Hauer & Feld (Ronald M. Johnson, of counsel), Washington, D.C., and Kavinoky & Cook (Courtland R. LaVallee, of counsel), Buffalo, N.Y., for CSX Transp., Inc.

Highsaw, Mahoney & Clarke (John O'Brien Clarke and L. Pat Wynns, of counsel), Washington, D.C., and Collins, Collins & DiNardo (John F. Collins, of counsel), Buffalo, N.Y., for defendants in CIV-88-1404C and plaintiffs in CIV-90-481C.


BACKGROUND

CURTIN, District Judge.

The parties to the present actions are CSX Transportation, Inc. ("CSXT"), a "carrier" within the meaning of the Railway Labor Act ("RLA"), 45 U.S.C. § 151, First, and the United Transportation Union ("UTU") and American Train Dispatchers Association ("ATDA"), as well as other unions and individuals (hereinafter collectively referred to as the "Unions"), all of whom are "representatives" of former CSXT rail employees...

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