CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


NORFOLK & WESTERN R. CO. V. NEMITZ, 404 U. S. 37 (1971)

Subscribe to Cases that cite 404 U. S. 37 RSS feed for this section

U.S. Supreme Court

Norfolk & Western R. Co. v. Nemitz, 404 U.S. 37 (1971)

Norfolk & Western R. Co. v. Nemitz

No. 70-97

Argued October 21, 1971

Decided November 15, 1971

404 U.S. 37

Syllabus

In anticipation of a railroad consolidation by which petitioner acquired the so-called Sandusky Line from the Pennsylvania Railroad, petitioner entered into an agreement with certain labor unions for the protection of the employees involved. The agreement provided that the employees would not be adversely affected in their employment as a result of the transaction. Respondents were employees of the Pennsylvania, who worked seasonally on the Sandusky Line, and, during the winter freeze which barred navigation on Lake Erie, worked at other points on the Pennsylvania system. Upon the consolidation, respondents accepted employment with petitioner. The agreement called for a salary supplement based upon pre-consolidation monthly compensation. The Interstate Commerce Commission (ICC), in its consolidation approval, stated that the agreement was "made pursuant to and in conformity with § 5(2)(f) of the Interstate Commerce Act for the protection of the covered employees." Section 5(2)(f) provides that the ICC "shall require a fair and equitable arrangement to protect the interests of the railroad employees affected," and states that,

"[n]otwithstanding any other provisions of this Act, an agreement pertaining to the protection of the interests of said employees may hereafter be entered into"

by any railroad and an employee union. A post-consolidation agreement was made between petitioner and the union under which petitioner claimed that the salary supplement was limited solely to the amount paid respondent for their seasonal Sandusky Line work. The District Court agreed with respondents that the new agreement was not enforceable, as it conflicted with the terms of the pre-merger agreement, and thus violated the Act under which the consolidation took place, and the Court of Appeals affirmed, with a modification as to damages.

Held:

1. Section 5(2)(f) provides mandatory compensation protection for railroad employees affected by a consolidation, and the chanroblesvirtualawlibrary

Page 404 U. S. 38

ICC's adoption or approval of a pre-merger collective agreement becomes a "condition" of the ICC's approval of a consolidation under that section. Pp. 404 U. S. 41-43.

2. The "notwithstanding" proviso of § 5(2)(f) affords the machinery for the terms of a pre-merger collective agreement, and thus supplies one minimum measure of fairness required by the section. P. 404 U. S. 43.

3. The post-consolidation agreement abrogated the employees' rights and the standard of "compensation" covered by the pre-merger agreement that had come under the ICC's protective order. Pp. 404 U. S. 43-45.

436 F.2d 841, affirmed.

DOUGLAS, J., delivered the opinion of the Court, in which BRENNAN, STEWART, and MARSHALL, JJ., joined. BLACKMUN, J., filed a dissenting opinion, in which BURGER, C.J.,and WHITE, J., joined, post, p. 404 U. S. 45.





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED