The opinion of the court was delivered by: PORT
In this action, plaintiff, the United Transportation Union (hereinafter Union), seeks to enjoin the defendants, Trustees of the Property of the Penn Central Transportation Company (hereinafter Railroad), from abolishing the last yard assignment at the Utica, New York yard. The action, seeking both temporary and permanent injunctive relief, was heard on March 21 and March 30, 1972.
Pursuant to Rule 52(a), Fed. R. Civ. Proc., the court makes the following findings of fact and conclusions of law:
1. Plaintiff is a voluntary association and labor organization within the meaning of the Railway Labor Act and is successor in interest to the former Brotherhood of Railroad Trainmen, Brotherhood of Locomotive Firemen and Enginemen, Order of Railway Conductors and Brakemen and Switchmen's Union of North America, and is the recognized collective bargaining agent for all of defendants' employees who are classified as conductors, trainmen, retarder operators, yard foreman, yard helpers, firemen, switchmen, switchtenders, hostlers and hostler helpers.
2. The Penn Central Transportation Company is a common carrier by railroad between the several states in the northeastern section of the United States within the meaning of that term as defined in the Railway Labor Act, 45 U.S.C. § 151 et seq. and is the successor in interest to the former New York Central Railroad Company.
3. Defendants, George P. Baker, Richard C. Bond, Jervis Langdon, Jr., and Willard Wirtz are Trustees of the Property of Penn Central Transportation Company, Debtor in Reorganization.
4. On June 25, 1964, the Union and Railroad, or their predecessors in interest, executed an Agreement which provided, in part, for the discontinuance of last yard assignments.
(a) Discontinuance under Article V, § 1 of this Agreement requires a joint study by the Union and Railroad before such discontinuance.
(b) Article V, § 2 provides that "[the] provisions of section 1 hereof are not intended to impose restrictions in regard to discontinuing yard crew assignments where restrictions do not now exist."
5. It has been stipulated between the parties that Article V, § 1 does not apply to the parties hereto; that Article V, § 2 does apply to the parties hereto.
6. It was further stipulated between the parties that at all times pertinent to this case, there were no contractual restrictions on the right of the Railroad to unilaterally discontinue last yard assignments.
7. Between 1960 and 1962, the Railroad unilaterally abolished the last yard assignments at Norwood, New York and Cherry Tree, Pennsylvania.
8. Between 1964 and 1966, the Railroad discontinued the last yard assignments at Poughkeepsie, Newburgh, Auburn and Geneva, New York after studies were made pursuant ...