Bhd of Locomotive Eng'rs v. United Transp. Union, No. 11-4177 (6th Cir. 2012)
Annotate this CaseNorfolk employees who run trains include train service workers and engine service workers. Engineers are engine service workers who operate locomotives. Train service workers perform switching and groundwork; they include conductors and trainmen. BLET is the authorized representative under the Railway Labor Act for Norfolk’s locomotive engineers, while UTU represents conductors and trainmen. Despite this division, an employee may pay dues to UTU or BLET and have either union handle grievances, 45 U.S.C. 152. Train service employees advance to engine service positions through Norfolk’s Engineer Training program. UTU’s CBA governs the employee’s work until he completes the program. After that, the employee is covered by BLET’s CBA. UTU filed a grievance on behalf of members in Norfolk’s Virginia Division. The men challenged the engineer seniority roster, arguing they should be ranked in the order they became trainmen, not in the order they became engineers. The national agreement between BLET and Norfolk, the national agreements between UTU and Norfolk, and regional arrangements among BLET, UTU, and Norfolk were presented to the Public Law Board arbitration panel, which decided in the employees’ favor. BLET sought to vacate; the district court granted summary judgment to UTU and Norfolk. The Sixth Circuit affirmed.
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