Opinion
Case No. 01 C 7743
September 15, 2003
Reverse Side of Minute Order
Plaintiffs Burlington Northern and Santa Fe Railway, Consolidated Rail Corporation, CSX Transportation, Kansas City Southern Railway, Norfolk Southern Railway and Union Pacific Railroad (collectively, "the Railways") filed a complaint for declaratory judgment against defendant Brotherhood of Locomotive Engineers ("BLE") based on "a concrete controversy over the railroads' right to implement use of remote control [technology] and assign operation of the remote control device to conductors and trainmen[,]" rather than to engineers. (Compl. ¶ 16.) The Railways also filed a motion for preliminary injunction, asserting that the dispute with BLE was a minor dispute subject to mandatory arbitration under § 3 of the Railway Labor Act ("RLA"), 45 U.S.C. § 153 First. The court agreed, and issued a preliminary injunction to prevent BLE from striking while the dispute was in arbitration.
The only reason the court granted the preliminary injunction was to maintain the status quo until an arbitrator could resolve the dispute. See, e.g., Chicago N.W. Transp. Co. v. Ry. Labor Executives Assoc. 855 F.2d 1277, 1287 (7th Cir. 1988) (strikes over minor disputes may be enjoined "to effecuate RLA's purpose to provide for the compulsory arbitration of such matters"). Because the final arbitration award has been issued regarding the dispute (predominantly in favor of the Railways), the court dissolves the preliminary injunction. Likewise, the controversy presented in the complaint (i.e., whether the dispute was major or minor) has been resolved. This case is therefore dismissed. In the event further disputes arise, the Railways can initiate a new cause of action.
The preliminary injunction order could have been more precise on this point, but the purpose and scope of a preliminary injunction in such circumstances is unambiguous.
Given the dissolution of the injunction and termination of the case, the court need not address BLE's motion to dismiss the complaint as moot. The court notes, however, that the Railways' contention that the preliminary injunction was transformed into a permanent injunction is wholly misplaced. The fact that BLE filed an appeal regarding the issuance of the preliminary injunction (which it later withdrew) does not suggest that the preliminary injunction at some point became permanent: preliminary injunctions are appealable interlocutory orders. 28 U.S.C. § 1292(a)(1).