national handling. On October 14, 1988, Illinois Central made counterproposals for concurrent handling of UTU's proposed changes. Once again, Illinois Central expressed its desire to negotiate locally.
Claiming that Illinois Central is obligated to engage in national handling, UTU initiated this lawsuit. Illinois Central filed a counterclaim, seeking to compel UTU to participate in local negotiations. Both sides now claim that they are entitled to summary judgment.
According to UTU, a party must participate in national handling if it would be appropriate to bargain nationally and if there is a history of national bargaining with respect to the disputed issue. See Brotherhood of R.R. Trainmen v. Atlantic Coast Line R.R., 127 U.S. App. D.C. 298, 383 F.2d 225, 229 (1967), cert. denied, 389 U.S. 1047, 19 L. Ed. 2d 839, 88 S. Ct. 790 (1968). This court disagrees.
Although the Railway Labor Act imposes a duty upon the carrier to negotiate in good faith, see 45 U.S.C. § 152 First (1982), nothing in the Act suggests that a carrier is obligated to negotiate a national contract through a multi-carrier bargaining representative. Indeed, the Act recognizes each party's right to choose their own bargaining representative. See 45 U.S.C. § 152 Third, Fourth (1982).
As the Supreme Court has long recognized, this freedom of choice is the "essential foundation of the statutory scheme." Texas & New Orleans R.R. v. Brotherhood of Ry. and Steamship Clerks, 281 U.S. 548, 569, 74 L. Ed. 1034, 50 S. Ct. 427 (1930). Thus, Illinois Central cannot be compelled to designate a multi-carrier representative as its bargaining agent. American Ry. and Airway Supervisors Ass'n v. Soo Line R.R., 891 F.2d 675, 678 (8th Cir. 1989); United Transp. Union v. Grand Trunk W. R.R., 712 F. Supp. 107, 110 (E.D.Mich. 1989); see also United Transp. Union v. Duluth, Missabe & Iron Range Ry. Co., No. 5-88-0178, slip op. at 4 (D.Minn. Dec. 21, 1989).
Notwithstanding Illinois Central's statutory right to select its own bargaining representative, UTU claims that Illinois Central is still obligated to engage in national handling. UTU bases its argument on section 2 of the Railway Labor Act, which states that carriers and unions must "exert every reasonable effort to make and maintain agreements concerning rates of pay, rules, and working conditions." 45 U.S.C. § 152 First (1982). That statutory provision, however, only requires the parties to put forth a good faith attempt to settle disputes. It does not specify the mode of dispute resolution. No court has ever held that a union may unilaterally refuse to negotiate locally and insist that the matter be resolved on a nationwide scale. Several courts, in fact, have reached the opposite conclusion. See, e.g., Soo Line, 891 F.2d at 679-80 (the railroad "has no obligation to accept national bargaining and is not bound by national negotiations in which it chooses not to participate"); Grand Trunk, 712 F. Supp. at 111 (union is not free to decline local negotiations and demand national handling); Railway Labor Executives' Ass'n v. Soo Line R.R., No. 4-86-379, slip op. at 23 n. 12 (D.Minn. Dec. 24, 1986) ("nothing in the [Railway Labor Act] requires that defendant accede to national handling . . .").
National multi-party bargaining is voluntary in nature, requiring the consent of each party. See Charles D. Bonanno Linen Serv., Inc. v. NLRB, 454 U.S. 404, 412, 70 L. Ed. 2d 656, 102 S. Ct. 720 (1982).
In the absence of mutual consent, this court will not force Illinois Central to bargain on a national level -- especially since Illinois Central has remained ready and willing to bargain locally.
Even if this court had the authority to require national handling, UTU has not demonstrated that national handling is obligatory in this case. Relying on Atlantic Coast Line and its progeny, UTU argues that two factors should be considered: (1) the "practical appropriateness" of national handling, and (2) the "historical experience" of national bargaining on the particular issue. Atlantic Coast Line, 383 F.2d at 229. This court, however, is not convinced that national handling would be a practically appropriate method of resolving the current dispute. As the court in Grand Trunk pointed out, the Staggers Rail Act of 1980 ("Staggers Act") has diminished the practical utility of national handling in certain circumstances. Grand Trunk, 712 F. Supp. at 111-12. Prior to the enactment of the Staggers Act, railroads could increase their freight rates collectively. Id. at 111. After the Staggers Act went into effect, railroads were required to set their rates individually in order to foster a more competitive environment. See 49 U.S.C. § 10101a (Supp. 1989); Grand Trunk, 712 F. Supp. at 112; see also Affidavit of Robert G. Richter, at 3, para. 4. To maintain this competitive environment, carriers need greater freedom to determine their own cost structures, especially labor costs. Grand Trunk, 712 F. Supp. at 112 (citing H.R.Rep. No. 96-1035, 96th Cong., 2d Sess. 42-43, 119-21 (1980)). If railroads could be compelled to participate in national negotiations, they would lose much of this freedom. The ability to freely engage in local negotiations is perhaps even more important to a railroad such as Illinois Central, which seeks to obtain labor agreements that are more consistent with its current railroad operations. See Affidavit of Robert G. Richter, at 2, para. 3.
Of the 11 unions that Illinois Central must bargain with, UTU is the only one which refuses to participate in local negotiations. UTU has a duty to negotiate with Illinois Central directly, and that duty cannot be avoided by demanding national handling.
For the foregoing reasons, this court denies plaintiff's motion for summary judgment and grants defendant's motion for summary judgment. Plaintiff is hereby ordered to negotiate with defendant's rightfully chosen representative on a local basis with respect to all outstanding contract proposals.
IT IS SO ORDERED.
Dated: February 26, 1990