The opinion of the court was delivered by: RAYFIEL
The plaintiff, a corporation organized under the laws of the State of Delaware, is a common carrier engaged in the business of transporting freight in interstate commerce. The defendant, Jamaica Lodge 2188 of the Brotherhood of Railway Steamship Clerks, Freight Handlers, Express and Station Employees, hereinafter referred to as Lodge 2188, in an unincorporated labor association. The defendant New York District Board of Adjustment of the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees, hereinafter referred to as The District Board, is an unincorporated association, maintaining its office in New York City. Both Lodge 2188 and The District Board are collective bargaining agents for the plaintiff's employees. The other defendants are officers of one or the other of said associations, and are joined as defendants both individually and in their respective officer capacities, and as representatives of the members of Lodge 2188, all of whom are citizens of the State of New York. All of the defendants are subject to the provisions of the Railway Labor Act. Title 45 U.S.C.A. § 151 et seq.
The plaintiff has moved under Rule 65 of the Federal Rules of Civil Procedure, 28 U.S.C.A. for a preliminary injunction enjoining the defendants from authorizing, inducing, continuing or carrying on any strike or work stoppage, or from picketing or interfering with the ingress or egress to or from the plaintiff's premises.
The defendants cross-moved to vacate the temporary restraining order signed by Judge Zavatt on February 4, 1961, and to dismiss the complaint on the ground that it fails to state facts sufficient to constitute a claim.
A hearing was held at which testimony was taken, at the conclusion of which I vacated the temporary restraining order.
A brief resume of the facts adduced at the hearing follows:
The plaintiff and The District Board entered into an agreement, effective September 1, 1949, later adopted by Lodge 2188 and its members, governing hours of service and working conditions. The agreement was received in evidence as plaintiff's Exhibit No. 1. It was amended on October 1, 1954, and on October 31, 1960 a supplemental agreement was entered into, which was received in evidence as plaintiff's Exhibit No. 2.
The plaintiff, which has offices throughout the United States, had, in addition to its Garden City Office, offices at Babylon, Patchogue, Huntington and Port Jefferson, on Long Island. Sometime in January, 1961, it decided to consolidate the latter four offices into one office, to be located at Brentwood, Long Island. On January 25, 1961 a conference was held at the office of Frank J. Fagan, the General Manager of the plaintiff's New York City Division, attended by Mr. Fagan and Mr. L. W. Brew, for the plaintiff, and Mr. Daniel J. Sullivan and Mr. Chester Collins, for The District Board and Lodge 2188, respectively, to discuss the consolidation. Among other things discussed were the rates of pay of the employees affected. At the conclusion of the conference the parties agreed to meet again.
Another conference, attended by the same parties, was held on February 2, 1961. A request by Mr. Sullivan and Mr. Collins for an increase in the rate of pay of the employees affected by the consolidation was rejected by Mr. Fagan. Before the conference was concluded Mr. Fagan requested the officers to obtain the co-operation of the employees of the several offices to be consolidated to assist in the removal thereof over the week end of Saturday, February 4, 1961 and Sunday, February 5, 1961.
The plaintiff caused notices to be posted at the four offices in question notifying its employees of the proposed consolidation thereof at the close of business on Friday, February 3, 1961, and advised them to report for work at the consolidated office in Brentwood on Monday, February 6, 1961. The notices, one of which was received in evidence as defendants' Exhibit B, referred to Rule 23 of the agreement of September 1, 1949, which set forth the employees' rights to positions in the consolidated office.
In the meantime employees at the said four offices were asked by their superiors to work on Saturday and Sunday, February 4 and 5, 1961, in order to effect the consolidation. None of the employees volunteered to work on those days and the consolidation was accomplished by the use of supervisory employees and other personnel enlisted by Mr. Brew.
On Friday, February 3, 1961 Lodge 2188 caused notices (Plaintiff's Exhibit No. 3) to be posted in various offices of the plaintiff in Nassau and Suffolk Counties, on Long Island, including the Garden City office, calling a special meeting of the members of the Lodge for Monday, February 6, 1961 at 11:00 a.m. at the Seaford American Legion Hall at Seaford, Long Island, to discuss a report by its officers on the 'Brentwood and Riverhead offices.' On Saturday, February 4, 1961 the plaintiff obtained an order to show cause containing a temporary restraining order enjoining the defendants from
1. authorizing, encouraging, etc. any strike or work stoppage,
2. picketing any of the premises at which the plaintiff conducts its operations,
3. interfering with the ingress or egress of any of plaintiff's employees, customers, etc. to and from any ...