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Baltimore & Ohio Railroad Co. v. United Railroad Workers Division of Transport Workers Union of America

November 12, 1959

BALTIMORE & OHIO RAILROAD COMPANY, ET AL., PLAINTIFFS-APPELLANTS,
v.
UNITED RAILROAD WORKERS DIVISION OF TRANSPORT WORKERS UNION OF AMERICA, ET AL., DEFENDANTS-APPELLEES.



Before CLARK, Chief Judge, SWAN and MOORE, Circuit Judges.

Per Curiam: Petition denied.

CLARK, Ch. J. (dissenting): The Supreme Court has not granted certiorari in the case here relied on as controlling precedent, Missouri-Kansas-Texas R. Co. v. Brotherhood of Locomotive Engineers, 5 Cir., 266 F.2d 335, and has accepted as the question for consideration one with direct implications for the issues here. It is thus stated:

"Whether a district court under circumstances where a dispute arising under the Railway Labor Act has been submitted by a railroad to the National Railroad Adjustment Board and an injunction against a strike by employees is sought on authority of Brotherhood of Railroad Trainmen v. Chicago River and Ind. R. R. Co ., 353 U.S. 30, may on the granting of an injunction impose reasonable conditions designed to protect the employees against a harmful change in working conditions during pendency of the dispute before the Adjustment Board by ordering that the railroad restore the status quo, or, in the alternative, pay the employees the amount they would have been paid had changes in working conditions giving rise to the dispute not been made." 28 U.S.L. Week 3108.

This action, it seems to me, points up the doubtful nature of our decision.Because of the uncertainty thus created and because of the irreparable loss to the employees which our decision will inevitably cause, I believe restudy of the problem is most desirable. I would grant the rehearing.

19591112

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