The opinion of the court was delivered by: JUDD
Findings of Fact, Conclusions of Law, and Opinion
After hearing evidence on plaintiff's motion 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. The Court has jurisdiction of the action as one arising under the Constitution and Laws of the United States, and particularly the Railway Labor Act, an Act of Congress relating to commerce, and in which the amount in controversy exceeds $10,000.00.
2. At all times hereinafter mentioned, the plaintiff was and is a railroad corporation organized and existing under the laws of the State of New York. Plaintiff is a subsidiary corporation of the Metropolitan Commuter Transportation Authority.
3. Plaintiff's principal place of business is Jamaica Station, Jamaica, in the Borough and County of Queens, City and State of New York. Plaintiff is a Class I steam railroad engaged in business as a common carrier for hire in the transportation of passengers and property in interstate and foreign commerce, subject to the Interstate Commerce Act, and also in intrastate commerce within the State of New York, and is a "carrier" within the meaning of the Railway Labor Act.
4. Plaintiff railroad is used by the residents of Nassau and Suffolk Counties for daily transportation in and out of New York City and is used by residents of the Boroughs of Queens, Brooklyn and Manhattan.
5. Each weekday, plaintiff transports approximately 260,000 passengers, including 180,000 one-way trips made by approximately 90,000 persons who regularly commute between their homes and their places of business in the City of New York.
6. (a) The Brotherhood of Railway Carmen of America, Lodge 886 (hereinafter referred to as "Carmen" or the " Union") is the representative of about 889 carmen employed in the Maintenance of Equipment Department of the plaintiff.
(b) The defendants Anthony F. D'Avanzo and A. J. Russo are the General Chairman and Vice-Chairman, respectively, of Carmen.
(c) The defendants, J. P. Torre, A. W. Martino, G. Schneider, G. J. Mastanduno, J. R. McGovern, N. M. Rossi, H. Favichia, J. N. Antonacci, J. DiDominico, A. J. Malena, R. C. Summa, B. Varricchio, S. V. Marzec, C. M. Johnson, J. J. Dombrowski, R. Kern, Raymond McMahon, P. S. Mazzeo, V. N. DiGenova, J. A. Profeta, J. H. Elbert, and J. V. Mentel are members of the Local Protective Board Brotherhood of Railway Carmen of America (Lodge 886).
7. There is presently in effect a collectively bargained labor Agreement entered into in accordance with the terms of the Railway Labor Act between the plaintiff and defendant Carmen. The Agreement governs rates of pay, rules, and working conditions of employees and is evidenced by a printed pamphlet effective July 1, 1949 as to rules and effective February 1, 1951 as to rates of pay, and by a series of amendatory agreements made on and between March 26, 1952 and February 29, 1968.
8. Plaintiff owns and operates the Dunton Electric Car Shop at which 217 employees are assigned primarily for the inspection of and performing minor repairs on multiple-unit electric cars.
9. Of the 217 employees at the Dunton Shop, 96 are members of the Carmen. The remainder are members of other crafts, including electricians and supervisors.
10. The Dunton Shop currently operates two shifts, five days a week, from Monday through Friday. The first shift is from 12:01 A.M. to 8:01 A.M., and performs only repairs; the second shift is from 8:30 A.M. to 4:30 P.M. A limited work force does repairs from 8:30 A.M. to 4:30 P.M. on Saturdays.
11. Under the regulations of the Interstate Commerce Commission, all multiple-unit (M.U.) electric cars must be inspected every thirty days. Such M.U. cars may not be used in passenger service after the time for inspection has passed.
12. Prior to July 25, 1968, the Dunton Shop inspected an average of approximately 19.5 M.U. cars per day, and completed minor repairs on an additional 21 M.U. cars per day.
13. On July 22, 1968, Mr. F. A. Danahy, Chief Mechanical Officer of the plaintiff, informed Mr. D'Avanzo of the Carmen by letter that the railroad intended to institute a three-shift, seven-day operation at the Dunton Electric Car Shop beginning August 19, 1968. He requested that Mr. D'Avanzo meet with him during the week of August 5, 1968 in order to discuss the starting times.
14. At the regular meeting of Lodge 886 of the Carmen on July 23, 1968, Chairman D'Avanzo expressed his belief that new members of the railroad management intended to reduce the labor force. Defendant McGovern, a member of the Local Protective Board of Lodge 886, stated that:
"we should inform our people at all points to give up all overtime except established jobs."
15. At the regular meeting of Lodge 886 of the Carmen on August 6, 1968, Vice-Chairman Torre stated that:
"We have a contract to fulfill and that we work 8 hours a day."
16. From July 26th through August 13th the Dunton Shop completed inspections of only 10 M.U. cars per day, and there were also sharp reductions in the number of cars on which minor repairs were completed.
17. The railroad requires 718 M.U. cars for its weekday service, and even before July 26th was usually short of the ...