Railway Labor Executives' Ass'n v. United States, 379 U.S. 199 (1964)

U.S. Supreme Court

Railway Labor Executives' Ass'n v. United States, 379 U.S. 199 (1964) Railway Labor Executives' Association v. United States

No. 130

Decided December 7, 1964

379 U.S. 199

APPEAL FROM THE UNITED STATE DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Syllabus

District Court's judgment dismissing appellant railway employees' complaint to set aside in part Interstate Commerce Commission railroad merger orders for failure to protect employees' interests under certain provisions of a collective bargaining agreement vacated insofar as that judgment relates to those provisions, with instructions to remand case to ICC for clarification of orders.

226 F. Supp. 521 vacated and remanded.

PER CURIAM.

This appeal is from a judgment of a three-judge District Court, 226 F. Supp. 521, dismissing appellants' complaint to set aside orders of the Interstate Commerce Commission, 317 I.C.C. 557, 729, relating to the Southern Railway Company's acquisition of control through stock ownership of the Central of Georgia Railway Company. Appellants, representing railway employees, object that, under the Commission's orders, the employees are not protected as provided by §§ 4, 5,

Page 379 U. S. 200

and 9 of the Washington Job Protection Agreement. We agree with the suggestion of the Solicitor General that this case should be remanded to the Interstate Commerce Commission for clarification of its orders insofar as they relate to the agreement. For this reason, the motion of the Interstate Commerce Commission to affirm the judgment of the District Court is denied. The motion of intervenor-appellees Southern Railway Company and Central of Georgia Railway Company to defer consideration of the jurisdictional statement is denied. Appellants' motion to limit the appeal to questions related to § 4, 5, and 9 of the Washington Job Protection Agreement is granted. The judgment of the District Court is vacated insofar as it relates to §§ 4, 5, and 9 of the Washington Agreement, and this case is remanded to that court with instructions to remand it to the Interstate Commerce Commission with instructions to amend its reports and orders as necessary to deal with appellants' request that §§ 4, 5, and 9 be included as protective conditions, specifically indicating why each of these provisions is either omitted or included. See United States v. Chicago, M., St. P. & Pac. R. Co., 294 U. S. 499, 294 U. S. 511.

Vacated and remanded.