3. The evidence introduced in this case has failed to sustain
the position of the plaintiffs.
4. Although none of the defendant labor organizations have been
designated or authorized by the National Mediation Board to
represent any of the employees of the plaintiff railroads, in
practice the plaintiffs, defendants and the National Mediation
Board have so treated them and plaintiffs are precluded from
challenging their designation as representative.
5. The Railway Employes' Department is a voluntary association
consisting of the six autonomous shopcraft unions including
defendant organizations. It has no power to make agreements for
any of its constituent organizations except as such power is
given to it expressly by each organization.
6. Plaintiffs, by their conduct in entering into the agreement
of November 21, 1964, with Carmen, Firemen and Oilers and
Boilermakers and Blacksmiths have recognized that each of the six
labor organizations affiliated with R.E.D. is the representative
of its respective craft or class of employees, and plaintiffs
have waived any right to question such status and are estopped
from so doing.
7. Defendant labor organizations and R.E.D. have complied with
their respective constitutions and by-laws in relation to the
serving and progressing of the Section 6 notices of May 31, 1963.
Even if some provisions of such constitutions or by-laws have not
been complied with, plaintiffs have no standing to seek
injunctive or other relief for such non-compliance in this
action. (Pullman Co. v. Order of Railway Conductors and Brakemen,
316 F.2d 556 (C.A.7, 1963); American Live Stock Commission v.
Chicago Livestock Exchange, 143 Ill. 210, 233, 32 N.E. 274, 18
L.R.A. 190 (1892); Sinclair Refining Co. v. Atkinson,
370 U.S. 195, 82 S.Ct. 1328, 8 L.Ed.2d 440 (1962)).
8. The injunction prayed for by plaintiffs should be denied.
FINDINGS OF FACT AS TO COUNT II
1-8. The court adopts as its findings herein numbered 1 through
8, both inclusive, the findings numbered 1 through 8, both
inclusive, set forth as to Count I.
9. International Brotherhood of Electrical Workers (IBEW);
International Association of Machinists (IAM); and Sheet Metal
Workers' International Association (Sheet Metal Workers),
defendants herein, together with the following unincorporated
labor organizations: International Brotherhood of Boilermakers,
Iron Shipbuilders, Blacksmiths, Forgers and Helpers (Boilermakers
and Blacksmiths); Brotherhood of Railway Carmen of America
(Carmen); and International Brotherhood of Firemen, Oilers,
Helpers, Roundhouse and Railway Shop Laborers (Firemen and
Oilers) are autonomous labor organizations affiliated with and
operating through the Railway Employes' Department.
10. On or about May 31, 1963, Boilermakers and Blacksmiths,
Carmen, IBEW, IAM, Sheet Metal Workers and Firemen and Oilers,
pursuant to Section 6 of the Railway Labor Act, served notices on
all plaintiff-carriers in the United States with which they have
agreements, of their desire for an increase in wages in
accordance with a wage proposal attached thereto. (Def. Ex. 1)
The wage proposal was as follows:
"1. Initial Wage Increase. Increase all rates of
pay for employees covered by this agreement in the
amount of 10% plus 14¢ per hour, effective June 30,
1963, applied so as to give effect to this increase
in pay irrespective of the method of payment.
"2. Subsequent Wage Increases. Increase all rates
of pay for employees covered by the agreement in the
amount of 3½% per year, to be effective at the
midpoint of each twelve months period beginning with
the effective date of this agreement.
"3. Cost-of-Living Adjustment. Wage rates
established in accordance with paragraphs 1 and 2
above shall be subject to a cost-of-living
adjustment, effective on each November 1 and May 1.
Such cost-of-living adjustment shall be proportionate
to the change in the Consumer Price Index for the
months of September and March respectively, above the
base figure of 106, (1957-59=100) excepting that it
shall not operate to reduce wage rates below those
established in paragraphs 1 and 2 above."
11. Subsequently, in June and July, 1963, counterproposals were
served by all such carriers on the six organizations proposing
certain changes in their agreements with these organizations.
These proposals were purported to be served pursuant to the
Railway Labor Act. Defendants' Exhibit 2 is a typical