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KNUDSEN v. CHICAGO & NORTHWESTERN R.Y. CO.
February 11, 1952
CHICAGO & NORTHWESTERN RY. CO.
The opinion of the court was delivered by: LA Buy, District Judge.
The amended complaint is brought by three named plaintiffs
on behalf of themselves and all others similarly situated.
The named plaintiffs are alleged to be authorized to
represent operating employees of the defendant in the
litigation of this action. There are three counts in the
amended complaint. The first is brought pursuant to Section
153, subd. 1(p) of the Railway Labor Act, 45 U.S.C.A., to
enforce an order of the National Railroad Adjustment Board,
plaintiffs claiming to be beneficiaries under such award.
The second count and the third count rest jurisdiction upon
diversity of citizenship and requisite jurisdictional
amount. The second count alleges defendant has violated
Appendix Rule 51 of the contract of January, 1927, between
the Brotherhood and the railroad and that the Board has
interpreted this rule to mean plaintiffs are entitled to
one-half of all transfer work performed. The third count
alleges that the carrier is violating Article II of the
agreement of December 18, 1919, with the Brotherhood since
plaintiffs are entitled to one-half of all the transfer work
performed. It is alleged that plaintiffs are unable to
ascertain the exact amount of damages and request an
accounting from the defendant of all transfer work
"Definition — Work of Road and Terminal Firemen
"51. Question 1. What constitutes work of
Chicago Terminal Firemen?
"Answer: The work of assembling and disposing
of cars entirely within the terminal district,
the local junction switch runs excepted, and
includes freight and passenger switching,
transfer service and work trains."
This rule is the basis of the administrative proceeding
and of the second count of the amended complaint.
In addition on December 18, 1919 the Brotherhood of
Railroad Trainmen entered into an agreement with defendant
carrier and other railroads fixing rules and rates of pay of
yardmen in the Chicago Switching District. Article III of
said agreement defines yard work and provides in part:
"(a) The following shall be considered yard
work, shall be handled by yardmen and shall be
compensated for at not less than yard
rates. * * *
"(c) The transfer of all freight and passenger
equipment operating exclusively within the
switching limits; * * *."
This article is the premise for the claim alleged in the
third count of the amended complaint.
In 1941 the Brotherhood of Locomotive Firemen and
Enginemen and the Chicago and Northwestern Railway Company
became parties to a dispute submitted to the National
Railroad Adjustment Board. The claims proferred by the
Brotherhood were (1) one day's pay at the transfer rate
April 1, 1939 and other dates, account Indiana Harbor Belt
Railway taking cars from 40th Street to Wood Street over
Chicago and Northwestern tracks; (3) a protest on account of
foreign line yard crews taking interchange out of 40th
Street, Proviso, Wood Street and all other points in Chicago
terminal, handling same over Chicago and Northwestern rails
between the above-named points where they leave Chicago and
Northwestern tracks, and (3) that foregin line crews
delivering cars to Chicago and Northwestern do so at the
first available yard after entering Chicago and Northwestern
On June 21, 1941, the Board made the following findings:
"The protest is allowed and the parties are
directed to forthwith negotiate a plan based on
total volume of cars handled or trips made and
miles traversed, which will place the employees
of the carrier on a plane of approximate
equality with the employees of each carrier with
which cars are interchanged and ...
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