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.
vacated and remanded.
This appeal is from a judgment of a three-judge District Court,
, 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.
, 294 U. S. 511
Vacated and remanded.