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Spenlau v. CSX Transp., Inc.

Claims against union for breach of duty of fair representation brought by furloughed train engineers properly dismissed where engineers were not members of bargaining unit.

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The full case caption appears at the end of this opinion.

PER CURIAM: Appellants, a class consisting of locomotive engineers with retained trainmen [FOOTNOTE 2] seniority rights, appeal the order of the district court granting summary judgment in favor of their employer, Appellee CSX Transportation, Inc. (CSX), and the bargaining representative for trainmen, Appellee United Transportation Union (UTU). We affirm.

I. BACKGROUND

The material facts underlying this appeal are not in dispute. This case concerns a collective bargaining agreement between CSX and UTU which became effective on July 31, 1992 (the Agreement). The Agreement, like previous collective bargaining agreements, addressed the composition of train crews. Due to technological advances, collective bargaining agreements have consistently reduced the number of trainmen in train service crews over the last several decades. To compensate for the reduction, two funds were established for trainmen which provided extra compensation to those adversely affected by the reduction. One of the goals of CSX in negotiating the Agreement with UTU was the elimination of the two funds. In return for such elimination, while further reducing crew size, the Agreement provided for CSX to buy out the two funds. The buyout program consisted of making two lump sum payments to each eligible employee: $43,000 shortly after the effective date of the Agreement, and $57,500 upon retirement, resignation, dismissal, or death.

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