LANDERS – Appellant
Versus
NATIONAL RAILROAD PASSENGER CORP. , (1988) – Respondent
LANDERS v. NATIONAL RAILROAD PASSENGER CORP., (1988)
No. 86-2037
Argued: March 29, 1988 Decided: April 27, 1988
Petitioner, a passenger engineer employed by respondent railroad corporation (Amtrak), belongs to the United Transportation Union (UTU) rather than to respondent Brotherhood of Locomotive Engineers (BLE), the union that represents Amtrak engineers for collective-bargaining purposes. Petitioners request that the UTU be allowed to represent him at a company-level disciplinary hearing was denied on the ground that, under the BLE-Amtrak collective-bargaining agreement, only the BLE could undertake such representation. Petitioner represented himself at the hearing and received a 30-day suspension for violating company work rules, which he did not appeal to the National Railroad Adjustment Board. He then filed suit in Federal District Court seeking declaratory and injunctive relief against Amtrak and the BLE on the ground that their refusal to allow his representation by the UTU at the hearing violated his rights under the Railway Labor Act (RLA). The court dismissed the complaint after a bench trial, and the Court of Appeals affirmed.
Held:
The RLA does not entitle a railroad employee to be represented at company-level grievance or disciplinary proceedings by a union other than his collective-bargaining representative. Petitioners contention that a right to such representation is implicit in 2, Eleventh (c), of the RLA, which permits a union-shop requirement to be satisfied by membership in any national union organized in accordance with the Act, is without merit, since that provision was enacted for the single, narrow purpose of preventing compulsory dual unionism or the necessity of an employees changing unions upon a change in crafts, Pennsylvania R. Co. v. Rychlik,
814 F.2d 41, affirmed.
WHITE, J., delivered the opinion for a unanimous Court.
Clinton J. Miller III argued the cause and filed briefs for petitioner.
Harold A. Ross argued the cause for respondents and filed a brief for respondent Brotherhood of Locomotive Engineers. Joanna L. Moorhead, Harold R. Henderson, and Harry A. Rissetto filed a brief for respondent National Railroad Passenger Corporation.*
[Footnote *] George Kaufmann, John O. B. Clarke, Jr., and Laurence Gold filed a brief for the American Federation of Labor and Congress of Industrial Organizations et al. as amici curiae.
JUSTICE WHITE delivered the opinion of the Court.
This case presents the question whether a railroad engineer is entitled under the Railway Labor Act, 44 Stat. (part 2) 577, as amended, 45 U.S.C. 151 et seq., to be represented at company-level grievance or disciplinary proceedings by a union other than his collective-bargaining representative.
Petitioner is employed as a passenger engineer by respondent National Railroad Passenger Corporation (Amtrak).1 Amtrak engineers are r