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UNITED TRANSP. UNION LOCAL UNIONS 385 & 77 v. METR

August 25, 1994

UNITED TRANSPORTATION UNION LOCAL UNIONS 385 AND 77, and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNIONS 817, 747, 859, Plaintiffs,
v.
METRO-NORTH COMMUTER RAILROAD COMPANY, Defendants.


SWEET


The opinion of the court was delivered by: ROBERT W. SWEET

Sweet, D.J.

 Defendant Metro-North Commuter Railroad Company ("Metro") has moved for an order, pursuant to Rule 12(b), Fed. R. Civ. P. ("Rule 12(b)"), dismissing the complaint in this action for lack of subject matter jurisdiction. For the following reasons, this motion is denied.

 Parties

 Plaintiff The United Transportation Union has as members approximately 700 of Metro's conductors, assistant conductors, and trainman, and has two local unions, 385 and 77. Plaintiff The International Brotherhood of Electrical Workers has as members approximately 800 of Metro's electrical workers, and has four local unions, 817, 747, 859, and 1631.

 Metro is a public benefit corporation organized as a wholly owned subsidiary of the Metropolitan Transportation Authority pursuant to the Public Authorities Law of the State of New York, and is a common carrier by rail engaged in interstate commerce.

 Facts

 This is a declaratory judgment action brought by plaintiffs the United Transportation Union Local Unions 385 and 77; and International Brotherhood of Electrical Workers Local Unions 817, 747, and 859 (collectively, the "Union"), challenging Rule P of Metro's Rules of the Operating Department ("Rule P") as violative of 45 U.S.C. ยง 60 ("Section 60") of the Federal Employer's Liability Act ("FELA").

 Rule P provides that:

 
The business affairs of the railroad must not be divulged except to proper officials of the Company.
 
Upon request, employees are required to report to the Company for the purpose of giving testimony and information in connection with any legal proceeding, claim or accident involving the Company.
 
When an employee is served with a subpoena, summons or other legal process in which this Company is, or may be, interested requiring such employee to report to any attorney, court or officer, employee must at once notify the head of the department in which employed and also the Legal Department of the company, and employee will be governed by instruction received.
 
Employees are forbidden to give any statements or information either verbal or written to attorneys or others outside of the employment of the Company about accidents or other matters pertaining thereto, excepting to attorneys or designated representatives of this Company. This rule shall not prohibit the furnishing of information to a person in interest as to the facts incident to the injury or death of any employee, provided, however, that information contained in the files of the Company, or other privileged or confidential reports, must not be divulged.
 
In the event employees are requested to furnish written or recorded statement to a local police officer, said employee may request representation by Metro North ...

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