LARRY McKINNEY, Chief Judge, District
1. This cause is before the Court on plaintiff's, National Railroad Passenger Corporation ("Amtrak"), Motion for Preliminary Injunction to enjoin Defendants, Brotherhood of Maintenance of Way Employees, Brotherhood of Maintenance of Way Employees Conrail System Federation, and Perry K. Geller (collectively, "BMWE"), and all others acting in concert with the Defendants, from permitting, instigating, authorizing, encouraging, participating in, approving of, or continuing a disruption of operations at Amtrak's Beech Grove, Indiana, Maintenance facility, including but not limited to any strike, work stoppage, slowdown, or concerted refusal to work in connection with any minor dispute concerning subcontracting at the Beech Grove facility.
2. Plaintiff, Amtrak, is a common carrier by rail engaged in the transportation of passengers and freight in intrastate and interstate commerce throughout the United States. Defendant Brotherhood of Maintenance of Way Employees, is an unincorporated labor organization which, pursuant to the Railway Labor Act, represent certain employees of Amtrak. Defendant Brotherhood of Maintenance Way Employees Consolidated Rail System Federation is an affiliate and agent of the Brotherhood of Maintenance Way Employees. Defendant Perry K. Geller is the General Chairman of the Brotherhood of Maintenance Way Employees Consolidated Rail System Federation. As such, they are responsible for coordinating the affairs and conduct of those respective organizations.
3. After a hearing on December 4, 2003, and in consideration of the arguments of counsel, the exhibits filed and the affidavits presented to the Court, the Court found that a Temporary Restraining Order should issue because Amtrak was likely to succeed on the merits of its claim that the Defendants are in violation of the Railway Labor Act, and because immediate, substantial and irreparable damage, injury or loss would result to Amtrak before a hearing on Amtrak's request for a preliminary or permanent injunction could be had, including the shutdown of its Beech Grove, Indiana, maintenance facility, which would preclude Amtrak from performing the necessary maintenance on locomotives and passenger cars. The Court also found that the Defendants would not suffer great harm from a Temporary Restraining Order against unlawful job actions and such injury will be adequately indemnified by bond and by an order for expedited arbitration; that the harm to the public from an interruption of interstate rail transport is immeasurable, therefore, an injunction of job actions will serve the public interest; and that greater injury would be inflicted upon Amtrak and the public if a Temporary Restraining Order was denied than would be inflicted upon the Defendants if a Temporary Restraining Order was granted.
4. Upon consideration of all the evidence that supported the December 5, 2003, Temporary Restraining Order and the parties' supplemental submissions, the Court finds that the Temporary Restraining Order should be converted into a Preliminary Injunction. The dispute between the parties is a minor one that must be resolved by the appropriate adjustment board, and Defendants may not strike over a minor dispute. In addition, immediate, substantial, and irreparable damage, injury, or loss will result if Defendants are allowed to strike over the contracting out dispute at the Beech Grove facility, and the equities continue to weigh in Amtrak's favor.
NOW, THEREFORE, upon the written and oral arguments of counsel and the affidavits and evidence in support thereof, and for the reasons stated in this Order, to be construed as findings of fact and conclusions of law,
IT IS ORDERED that Defendants, and all officers and members and representatives of Defendants, and their agents, successors, deputies, and employees and all other persons acting by, with, through or under them, or by and through their orders, and all others acting in concert or in participation with them, are hereby PRELIMINARILY ENJOINED:
(a) from calling, permitting, instigating, authorizing, encouraging, participating in, approving or continuing any strike, work stoppage, slowdown, concerted refusal to work and any other form of economic self-help over any minor dispute concerning subcontracting at Amtrak's Beech Grove, Indiana, maintenance facility;
AND IT IS FURTHER ORDERED:
(b) that Defendants, and said other persons, shall take all steps within their power to prevent any disruption of the operations at the Beech Grove facility; and
(c) that Defendants notify, by the most expeditious means possible, all of their represented employees of Amtrak at the Beech Grove, Indiana, maintenance facility of the issuance, contents, and meaning of this Preliminary Injunction and provide Plaintiff with a copy of all such notices.
IT IS FURTHER ORDERED:
(d) that Defendants and Amtrak shall proceed with expedited arbitration of the matters relating to contracting out work at Amtrak's Beech Grove, Indiana, maintenance facility; and
IT IS FURTHER ORDERED:
(e) that this Preliminary Injunction Order is issued on the condition that a bond be filed by Amtrak herein in the sum of $50,000.00, with the Clerk of this Court, and that said Defendants shall recover from Amtrak under said bond all costs and damages, if any suffered by them in the event that Amtrak does not succeed in this action.