Lifting of injunction in the case of Brotherhood of Maintenance of Way Employees and the RLEA v. the I.C.C and Erie-Lackawanna Railroad Co., 1960

Inclusive date range: 1960

Bulk date: 1960



This collection includes a brief filed with the United States District Court for the Eastern District of Michigan, Southern Division, involving the Brotherhood of Maintenance of Way Employees [BMWE] (plaintiff) and the Railway Labor Executives' Association [RLEA] (intervenors/plaintiffs) vs. the Interstate Commerce Commission [ICC] (defendant), and the Erie-Lackawanna Railroad Company [ELRR] (intervenors/defendants). The arguments concern the effect of a merger on the employees of the Erie Railroad and the Delaware, Lackawanna and Western Railroad, and the union's request that the court uphold the 1940 Transportation Act guaranteeing four years of employment for all current employees. The brief, filed by the BMWE, includes the history of the merger that created the ELRR, arguments against the merger, a history of employee protection in the railraod industry, the history of the 1940 Transportation Act, and the application of the "New Orleans conditions," whereby employees adversely affected by the merger may be granted compensatory protection if their employeement is terminated rather than being guaranteed at their current level for a period not exceeding four years. The collection also includes the lifting of the injunction by the court, allowing the merger to be completed as per the original plan approved by the Interstate Commerce Commission, including the "New Orleans conditions" with regards to the railroad employees.