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IN RE COMPLAINT OF BROTHERHOOD OF R.R. TRAINMEN

49 N.J. 174 (1967)

229 A.2d 505

IN THE MATTER OF THE FORMAL COMPLAINT OF BROTHERHOOD OF RAILROAD TRAINMEN, BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND BROTHERHOOD OF LOCOMOTIVE FIREMEN, ETC., ALLEGING UNWARRANTED, UNREASONABLE AND UNSAFE CONDITIONS, ETC. THE PENNSYLVANIA RAILROAD COMPANY AND PENNSYLVANIA READING SEASHORE LINES, APPELLANTS, v. BOARD OF PUBLIC UTILITY COMMISSIONERS, DEPARTMENT OF PUBLIC UTILITIES AND BROTHERHOOD OF RAILWAY TRAINMEN, ET AL., RESPONDENTS.

The Supreme Court of New Jersey.

Decided April 24, 1967.

Attorney(s) appearing for the Case

Mr. Richard N. Clattenburg of the Pennsylvania Bar argued the cause for appellants (Messrs. O'Mara, Schumann, Davis & Hession, attorneys; Messrs. Charles E. Mechem and William P. Quinn of the Pennsylvania Bar, on the brief).

Mr. James M. Davis, Jr. argued the cause for respondent Brotherhoods (Messrs. Powell & Davis, attorneys).

Mr. Alan B. Handler, First Assistant Attorney General, argued the cause for respondent Board of Public Utility Commissioners (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Avrom J. Gold, Assistant Attorney General, and Mr. William Gural, Deputy Attorney General, of counsel).

The opinion of the court was delivered by JACOBS, J.

Effective October 18, 1964, the Railroads made rule changes which included the elimination of flagging requirements in automatic block signal territory and in manual block signal territory when absolute block is in effect. Thereafter the Brotherhoods filed a complaint before the Board of Public Utility Commissioners primarily attacking the rule changes as not consistent with reasonable safety. After due hearings...

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