The opinion of the court was delivered by: CHARLES RONALD NORGLE, SR.
CHARLES R. NORGLE, SR., District Judge:
Before the court are cross-motions of petitioner American Train Dispatchers Department of the International Brotherhood of Locomotive Engineers ("Union") and of respondent Norfolk Southern Railway Company ("Norfolk") for summary judgment. For the following reasons, the motion of the Union is denied, and the motion of Norfolk is granted.
The Union is a national labor organization authorized to act pursuant to the Railway Labor Act ("RLA"), 45 U.S.C. § 151, et seq., as a bargaining representative on behalf of the train dispatchers employed by Norfolk. Norfolk is a rail company engaged in the business of transporting goods by railroad and falls within the definition of "carrier" as the term is defined under 45 U.S.C. § 151 First.
During the relevant period, the parties were bound to the terms of a collective bargaining agreement ("Agreement"). Article 3 of the Agreement, titled "REST DAYS, RELIEF SERVICE AND EMERGENCY SERVICE," states as follows:
(a) Each regularly assigned train dispatcher will be entitled and required to take two (2) regularly assigned days off per week as rest days, except when unavoidable emergency prevents furnishing relief. Such assigned rest days shall be consecutive to the fullest extent possible. The carrier may assign non-consecutive rest days only in instances where consecutive rest days would necessitate working any train dispatcher in excess of five (5) days per week. A regularly assigned train dispatcher required to perform service on the rest days assigned to his position will be paid at rate of time and one-half for service performed on either or both of such days. . . .
(c) Relief requirements of less than four (4) days per week shall be considered extra work and will be performed by extra dispatchers, who shall be paid the rate of each position relieved.
(d) The doubling
of territory or positions for relief purposes will not be permitted, except as may be agreed by an officer of the Company and General Chairman. . . .
Prior to April 1, 1991, Norfolk's dispatching office at Knoxville, Tennessee, consisted of three dispatching positions.
Each dispatcher position covered three separate territories. The first territory referred to as "East End" covered the area from Knoxville to Asheville/Andover. The second position referred to as "West End" covered the area from Knoxville to Chattanooga/Oakdale-Jellico. The third territory referred to as "Memphis" covered the area from Chattanooga to Memphis, and the ICG line to Fulton, Kentucky. For various reasons, the first shift
dispatcher position for the Memphis territory grew particularly busy.
To alleviate the overload at the Memphis dispatching position, Norfolk created an additional first-shift dispatcher position. Norfolk issued a bulletin announcing the creation of a new dispatcher position. The bulletin described the new Knoxville District Dispatcher position to cover the territory from Sheffield Yard to Debutts Yard, from Clinton to Clairfield/Arco Mine, from Sevier Yard to Maryville, and from Sevier Yard to Middlesboro ("Knoxville Territory"). Essentially, the area assigned to the Knoxville District Dispatcher was a combination of certain tracks monitored by the Memphis and West End dispatchers.
The new position required the dispatcher to work from Monday through Friday, 8:00 a.m. until 4:00 p.m. Eastern Standard Time, and provided assigned rest days on Saturdays and Sundays. Norfolk granted the new position to train dispatcher J.R. Farr ("Farr"). Beginning April 1, 1991, Farr controlled the Knoxville Territory during the weekdays, Monday through Friday. During the weekends, however, the dispatchers from the Memphis and West End territories monitored the Knoxville Territory, as they did prior to April 1, 1991.
Because Norfolk assigned the Knoxville Territory to Memphis and West End dispatchers on Farr's rest days instead of employing additional dispatchers, the Union filed a claim with Norfolk that such conduct violated Article 3(d) of the Agreement. Norfolk denied the claim. After the parties reached an impasse in their efforts to settle the matter, they stipulated to the formation of a Special Adjustment Board in accordance with 45 U.S.C. § 153 Second to resolve their dispute. The resulting adjustment board was designated as Public Law Board No. 5234 ("Law Board").
After reviewing the written submissions and oral argument of the parties, the Law Board sustained the claim of violation as asserted by the Union. In so doing, the Law Board issued Award No. 1 ("Award") on April 19, 1993, and directed Norfolk to comply with it by April 30, 1993. But, before the Law Board issued its Award, on March 5, 1993, Norfolk eliminated the Knoxville Territory dispatcher position. Furthermore, after the parties reviewed Norfolk's payroll records, Norfolk paid a total of $ 30,261.74 to seven Norfolk train dispatchers in compliance with the Award. The amount of payment equaled the amount of compensation those seven dispatchers would have earned if Norfolk hired and assigned them to the Knoxville Territory during Farr's ...