UTU recognizes American Train Dispatchers
for union’s significant legal win
over Norfolk Southern Railroad

CLEVELAND (June 28) – United Transportation Union President Charles L. Little today praised a major legal win at a U.S. Appeals Court in Richmond, Va., against the Norfolk Southern Railroad by the American Train Dispatchers Division (ATDD) of the Brotherhood of Locomotive Engineers.

"The UTU is the first major union to acknowledge and thank the American Train Dispatchers for its courage in fighting for the rights of rail labor in the U.S. courts on a major issue, and for its very significant win upholding the precedent established in the Railway Labor Act," said Little. "Everyone who cares about the future of rail labor appreciates what you have done, especially in a very conservative Circuit, like in Richmond."

Late last week, the U.S. Court of Appeals for the Fourth Circuit, located in Richmond, Va., ruled that Norfolk Southern Railroad was not entitled to damages from the ATDD because of a strike over a so-called “minor dispute” that took place in September 1997.

In ruling in favor of the ATDD, the Court upheld the rights of rail labor under the Railroad Labor Act (RLA). Some rail labor experts say that this favorable decision for rail labor coming from the conservative Fourth Circuit gives it more teeth. The Court’s decision, which also upholds the decision by the U.S. District Court for the District of South Carolina, is based on the history, structure, and purpose of the RLA.

The Fourth Circuit said, “We conclude that a damages remedy for a minor dispute strike is at odds with the structure and purpose of the RLA. In particular, the remedy would detract from the Act’s requirement that minor disputes be resolved through bargaining or compulsory arbitration. Allowing the remedy would also run the risk of upsetting the balance of power between labor and management that has been maintained in the 74 years since the RLA was passed. Accordingly, we hold that monetary damages are not available under the RLA to remedy a strike over a minor dispute.”

In deciding to maintain a strong “check-and-balance” system that has been around 74 years since the RLA passed, the Court said that a railroad like the Norfolk Southern could not collect monetary damages from a union because of a strike over a “minor dispute.”

The Court said, “If damages were available (to the carrier) and the union guessed wrong [in calling a strike over what was later adjudged a minor dispute], it would be liable for damages that could deplete the union treasury and impair its effectiveness as the collective bargaining agent. Weakening a union in this way would run counter to the RLA provisions aimed at ensuring that the parties are evenly matched as they pursue negotiations.” 

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