Opinion
8:00CV118
February 24, 2000.
TEMPORARY RESTRAINING ORDER
This matter came to be heard upon a verified complaint (Filing No. ___), motion for temporary restraining order (Filing No. ___), and supporting memorandum filed by the plaintiff, Union Pacific Railroad Company ("Union Pacific"), and the defendant, the Brotherhood of Maintenance of Way Employees ("BMWE"). Counsel for Union Pacific, Brenda Council, appeared in person; counsel for the BMWE, Richard Edelman, appeared telephonically from Denver, Colorado.
From the complaint and statements of counsel, it appears that the BMWE is engaged in a strike or work stoppage against Union Pacific which commenced at 6:00 A.M. (CST) on February 24, 2000; that the strike or work stoppage would violate section 2 First of the Railway Labor Act, 45 U.S.C. § 152 First; that the strike or work stoppages would violate section 3 of the Railway Labor Act, 45 U.S.C. § 153; and that the work stoppage would cause immediate injury to Union Pacific, to its shippers and employees, to commuters, and to the public generally, if not restrained until a hearing can be had and an order entered upon a motion by Union Pacific for a preliminary injunction.
The court finds as follows:
1. The BMWE filed a complaint in the United States District Court for the District of Colorado, Civil Action No. 00-396, on Wednesday, February 24, 2000, alleging that Union Pacific violated section 2 Seventh of the Railway Labor Act, 45 U.S.C. § 152 Seventh, by unilaterally changing and repudiating a provision of one of its collective bargaining agreements with BMWE applicable to a portion of the Union Pacific.
2. The dispute between the parties involves Union Pacific's changes in the pre-plating process and its purchase of pre-assembled track and switch panels, which changes the BMWE alleges violate the collective bargaining agreement between the parties.
3. This court has jurisdiction to hear Union Pacific's application for a temporary restraining order. Union Pacific here seeks extraordinary relief distinct from that sought by the BMWE in its action filed in the United States District Court for the District of Colorado.
4. Under National Ry. Labor Conference v. International Ass'n of Machinists and Aerospace Workers, 830 F.2d 741, 745 (7th Cir. 1987), the court deems this labor dispute "minor" and hence subject to the resolution provisions of section 3 of the Railway Labor Act, 45 U.S.C. § 153.
5. A strike or work stoppage by the BMWE against Union Pacific would shut down Union Pacific's operations, deprive shippers and commuters of transportation, deprive Union Pacific of the use of its tracks, facilities and revenues, and put its employees out of work for the duration of the strike or work stoppage.
6. In addition, because each railroad interchanges traffic with the other major railroads, a strike or work stoppage against Union Pacific would soon disrupt the operations of other railroads. These disruptions have a ripple effect that can quickly impact all rail traffic in the country.
7. Any strike or work stoppage would inflict irreparable harm on Union Pacific, its employees, shippers and commuters, and the public by interfering with the nation's economic health and interstate commerce of mail, military personnel and material, food, fuel, consumer goods and other freight essential to the public health and safety, and passengers (including Amtrak and urban rail mass transit systems).
IT IS THEREBY ORDERED:
1. That the BMWE, its division, lodges, locals, officers, agents, employees, members, and all persons acting in concert with them, be and they are hereby temporarily restrained from authorizing, calling, continuing, encouraging, permitting, or engaging in strikes or work stoppages against, or picketing or other refusal to work against any Union Pacific over, or in connection with, Union Pacific's change to the pre-plating process and purchase of pre-assembled track and switch panels.
2. That the BMWE shall make all reasonable efforts to prevent its divisions, lodges, locals, officers, agents, employees, members and all persons acting in concert with them from engaging in any conduct enjoined by this temporary restraining order;
3. That this temporary restraining order is granted upon the condition that an undertaking of $10,000, or cash in that amount, be filed with 48 hours from the time and date of this order to make good such damages, not to exceed said sum, as may be suffered or sustained by anyone who is found to be wrongfully enjoined or restrained. The following conditions shall also be in effect until the hearing provided for by this order on the plaintiff's motion for a temporary injunction:
a. Union Pacific shall not lay off any members of the BMWE from its Laramie Panel Plant in Laramie, Wyoming, nor effect the closing of that shop; and
b. No track or switch panels shall be laid or installed on any rail line constituting the property of the former Union Pacific Railroad except with track or switch panels fabricated at the Union Pacific shops in Laramie, Wyoming; and
c. Union Pacific shall not lock out any BMWE employees during the pendency of this temporary restraining order.
4. That a hearing upon plaintiff's motion for a preliminary injunction shall be held before this court at 9:00 a.m. on Monday, February 28, 2000, or at such time as the Court may subsequently schedule;
5. That this temporary restraining order shall expire at 12 p.m. midnight, Monday, February 28, 2000, unless it is further extended by order of this Court; and
6. That for purposes of service of notice of this temporary restraining order, in addition to the methods of service of process provided by statute, notice may be given to the BMWE, its members, and all other persons by the posting of certified copies of this decree at the entrances of Union Pacific's premises, which shall be considered prima facie evidence of notice and knowledge of this restraining order to and by all persons who may commit, or attempt to commit, any act or acts in violation thereof at or near the said premises of the Union Pacific.
7. By separate order, the court shall set the time and place for further hearings on this matter.
ORDER
On the Court's own motion, after previous discussion with counsel during the argument for the temporary restraining order (Filing No. 3), and pursuant to 28 U.S.C. § 1404(a), full jurisdiction of this matter is hereby transferred to United States District Court for the District of Colorado. On February 23, 2000, a day before the plaintiff, Union Pacific Railroad Company, filed the complaint in this labor dispute, the defendant in this action, the Brotherhood of Maintenance of Way Employees, filed a complaint against Union Pacific in the Colorado District Court (Civil Action No. 00-396).
I find that venue in Colorado will be more convenient for the parties and witnesses. The interests of justice will be served by having this dispute resolved in the Colorado court.
I further find that the findings recited in my temporary restraining order entered earlier today are preliminary in nature and are not intended to preclude the United States District Court for the District of Colorado from conducting its own de novo determination of the facts or issues in dispute. Accordingly,
IT IS ORDERED that jurisdiction of this matter is transferred to the United States District Court of Colorado.
IT IS FURTHER ORDERED that the terms and conditions of the temporary restraining order (Filing No. 3) entered earlier today in this case shall remain in effect during the pendency of this transfer and until further order of the United States District Court for the District of Colorado.