The opinion of the court was delivered by: MISHLER
[EDITOR'S NOTE: The page numbers of this document may appear to be out of sequence; however, this pagination accurately reflects the pagination of the original published documents.]
The trial of this action having been advanced and consolidated with the hearing on plaintiff's application for a preliminary injunction, the court, pursuant to Rule 52(a) of the Federal Rules of Civil Procedure makes the following findings of fact and conclusions of law.
1. Plaintiff is a New York corporation engaged in the business of a common carrier for hire and having its principal place of business in Jamaica, New York.
2. Each weekday plaintiff transports approximately 260,000 passengers, which number includes 180,000 one-way trips made by approximately 90,000 persons who regularly commute between their homes and their places of business in New York City.
3. The Brotherhood of Locomotive Engineers (Union) is an unincorporated association organized as a labor union and engaged in representing approximately 300 engineers and motormen (hereinafter referred to collectively as "engineers") employed by plaintiff.
4. George L. Clark is the General Chairman of the Union's General Committee of Adjustment.
5. A. H. Davis is the Vice-Chairman and R. F. Starck is the Secretary-Treasurer.
6. On February 21, 1967, plaintiff and the Union executed an agreement modifying their collective bargaining agreement wherein they concurred that the contract, as modified, would " . . . remain in effect until October 1, 1969, and thereafter until changed or modified in accordance with the provisions of the Railway Labor Act, as amended."
7. Pennsylvania Station, located in the City of New York, is owned, operated and controlled by the Pennsylvania Central Transportation Company (Penn Central).
8. The operation of plaintiff's trains in and out of Pennsylvania Station is subject to the rules and regulations promulgated by the Penn Central.
9. On March 1, 1968, the Penn Central advised plaintiff that it intended to promulgate new rules governing the operation of its facilities, including Pennsylvania Station, said new rules to become effective at 12:01 A.M. on April 28, 1968.
10. On March 14, 1968, plaintiff was advised that the new rules applicable to the movement of trains in and out of Pennsylvania Station would conflict with Rule No. 629 of its Book of Rules.
11. Rule No. 629 of plaintiff's Book of Rules provided that:
[if] an interlocking signal cannot be changed from Stop-signal, and should no cause for detaining a train be known, the block-operator upon permission of Superintendent of Transportation will authorize it to pass such Stop-signal by the use of Clearance Card Form C as thereon provided. Before issuing such card the Block operator must know that the switches are properly lined and signals governing routes that conflict with the one indicated on the card display their most restrictive indication.
12. The Penn Central's new rules eliminated the procedure whereby a Clearing Card Form C was required for passing a stop-signal, substituting for said form the use of verbal and hand signals.
13. On March 18, 1968, the Penn Central directed plaintiff to modify its rules to conform to the former's new regulations pertaining to ...