W.P. Kennedy as President of the Brotherhood of Railroad Trainmen against the Long
Island Railroad Company Court Documents, 1961-1962
Collection Number: 5348
Kheel Center for Labor-Management Documentation & Archives
Cornell University Library
DESCRIPTIVE SUMMARY
Title:
W.P. Kennedy as President of the Brotherhood of Railroad Trainmen against the Long
Island Railroad Company Court Documents, 1961-1962
Repository:
Kheel Center for Labor-Management Documentation & Archives
Collection Number:
5348
Abstract:
Plaintiffs' Brief and the Jointly Prepared Record of Proceedings from a civil suit
filed in the U.S. District Court, Southern District of New York [SDNY] by W. P. Kennedy
in his role as president of the Brotherhood of Railroad Trainmen [BRT] and on behalf
of other local unions against the Long Island Rail Road Company [LIRR], the Association
of American Railroads [AAR], and other associated corporate entities in order to recover
damages incurred by the BRT and its union members during a 26 day strike in July and
August 1960. [Civil Action No. 60-3496]
Creator:
Brotherhood of Railroad Trainmen (BRT)
Long Island Railroad Company (LIRR)
Quanitities:
0.5 cubic feet
Language:
Collection material in English
After the conclusion of a twenty-six day strike by the workers on the LIRR, the BRT
and its officers filed suit against the LIRR, the AAR, and other ssociated corporate
entities, alleging that sometime prior to 1959, the vice-president in charge of the
law department of the AAR met with designated representatives of the other railroad
defendants, including the LIRR, to create a pool of their assets and earnings for
the purpose of assisting any participating member which might be affected by a work
stoppage or strike. The plaintiffs argued that this artificially strengthened the
economic bargaining position of individual railroad companies in collective bargaining
with unions.
The BRT and its officers contended that the costs the union incurred during the strike,
which was prompted by the failure of collective bargaining and mediation proceedings
between the LIRR and the BRT in 1959-1960 to establish a five day work week without
a reduction in pay for the LIRR's employees, were a result of the LIRR entering into
the "strike insurance" pool. This suit was filed to determine the legality of the
LIRR, AAR, and other associated railroads entering into this pool with the understanding
that if the "strike insurance" was itself illegal, then the defendants would be liable
for the damages incurred by the plaintiffs while their members were in strike. The
plaintiffs further charged that the defendants used some funds from the pool to run
a campaign through the AAR's public relations department designed to influence public
opinion against organized labor.
The only question under consideration by the court was whether the LIRR's purchase
of "strike insurance" through the AAR was illegal. In 1962, the court found that it
was not.
Not included in this collection is the decision of the court, which found in favor
of the defendants and dismissed the suit without cost [211 F. Supp. 478 (S.D.N.Y.
1962)]. The decision of the court may be found here.
Inclusive date range: 1961-1962
Bulk date: 1961
This collection consists of two copies of a brief filed on behalf of the BRT, et
al., plaintiffs, by W. P. Kennedy against the LIRR the AAR and associated corporate
entities, as well as the jointly prepared record of proceedings, which include the
exhibits to joint stipulation of facts, contained in three bound volumes. The brief
and the bound volumes of the proceeding contain tables of contents and lists of exhibits
presented during the proceedings. The plaintiffs were seeking monetary recompense
for damages suffered during a 26 day strike in the summer of 1960 as well as questioning
the legality of the LIRR entering, under the auspices of the AAR, into a "strike insurance"
monetary pool with other rail carriers in order to strengthen their position in collective
bargaining with their employees' unions. Plaintiffs charged that this action was in
violation of the Railway Labor Act, the Interstate Commerce Act, and the Sherman Act.
Included in the plaintiffs' exhibits are reproductions of advertisements the AAR
ran in daily newspapers, condemning the practice of "featherbedding" (i.e. retaining
jobs that are identified as obsolete, generally as the result of a union contract).
These ads compare the cost of featherbedding to the railroads with major American
disasters, such as the San Francisco earthquake of 1906 and the Chicago fire of 1871,
in an attempt, the plaintiffs argue, to turn public opinion against the unions. Also
included in the exhibits are excerpts from the BRT's weekly newsletter and the newspaper,
Labor.
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INFORMATION FOR USERS
W.P. Kennedy as President of the Brotherhood of Railroad Trainmen against the Long
Island Railroad Company Court Documents #5348. Kheel Center for Labor-Management Documentation
and Archives, Cornell University Library.
Related Collections: 5149: Brotherhood of Railroad Trainmen Records
Names:
Kennedy, W. P.
Brotherhood of Railroad Trainmen.
Long Island Railroad Company.
Association of American Railroads.
Subjects:
Strike insurance. United States.
Strikes and lockouts. United States.
Industrial relations. United States.
Railroads. Employees. United States.
CONTAINER LIST
Container
|
Description
|
Date
|
|
Box 1 | Folder 1 |
Brief on behalf of plaintiffs
|
1962 |
Scope and Contents
2 copies
|
|||
Box 1 | Folder 2 |
Jointly prepared record of proceedings, volume 1
|
1961 |
Scope and Contents
Pages 1 to 346 (2 copies)
|
|||
Box 1 | Folder 3 |
Jointly prepared records of proceedings, volume 2 (exhibits to joint stipulation of
facts)
|
1961 |
Scope and Contents
Pages 347 to 606
|
|||
Box 1 | Folder 4 |
Jointly prepared record of proceedings, volume 2-A (exhibits to joint stipulation
of facts)
|
1961 |
Scope and Contents
Pages 607 to 940
|