Justia Federal District Court Opinions

This case involves another aspect of the railroad work rules litigation. It concerns a supplemental issue that arose in the District Court in ancillary proceedings after issuance of the judgment that was reviewed by this court in Brotherhood of Railroad Trainmen v. Akron & Barberton Belt R.R. Co., 128 U.S.App.D.C. 59, 385 F.2d 581 (1967), cert. denied, 390 U.S. 923, 88 S.Ct. 851, 19 L.Ed.2d 983 (1968).

The rulings now before us were made by the District Court in rejecting overtime applications by the Brotherhood of Locomotive Firemen & Enginemen (BLFE) for injunctive relief. The underlying fact situation is the case where a carrier has, during the life of Award 282, listed runs and crews for purpose of abolition of firemen jobs, and such listing has not been vetoed by the Union under the Award, yet the carrier has in fact continued in service on such runs firemen helpers who come within paragraphs C(6) and C(7) of the Award.¹

The District Court held that in general the carrier has the authority to take action subsequent to expiration of the award to remove the firemen from the listed run. The District Court studied and relied on the Award and on interpretative rulings of Arbitration Board 282.² We think this ruling is correct under the Akron decision.³ We do not say there are no limits on the authority of the carrier.4 But the mere fact that a carrier terminates the use of a C(6) or C(7) fireman is consistent with the work rule under the Award and Act where the work rule defines the position as one that requires no firemen, and hence is blankable.

Counsel for BLFE say that the Award intends protection for C(6) and C(7) firemen. But it would be inconsistent with the structure of the award to say that they have a right to stay on the blankable job and the carrier has to hire a new man to put in a vacancy in a must-fill position. Even where the vacancy being filled is in another blankable position, there are Board precedents for the carrier.

The only clear protection given by the Award to a C(6) and C(7) fireman is the right to be employed even if the railway has to keep a fireman in a blankable position. He also has seniority rights, and the right to limit the transfers resulting from a blanking action to the same seniority district. While there may be limits on a carrier's authority emanating from an implied good faith standard, the case before us arises on a broadside claim of lack of carrier authority and that claim is not sustained.

Affirmed.