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REARDON v. PENNSYLVANIA-NEW YORK CENT. TRANSP. CO.

No. C70-450.

323 F.Supp. 598 (1971)

Phillip C. REARDON et al., Plaintiffs, v. The PENNSYLVANIA-NEW YORK CENTRAL TRANSPORTATION COMPANY, Defendant, and Interstate Commerce Commission, Interested Party, and Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees, Interested Party.

United States District Court, N. D. Ohio, E. D.

January 12, 1971.

Attorney(s) appearing for the Case

Robert R. Disbro, Disbro & Ellerin, Cleveland, Ohio, for plaintiffs.

Thomas R. Skulina, Cleveland, Ohio, for Pennsylvania-New York Central.

Robert W. Ginnane, Gen. Counsel, James F. Tao, Atty., I.C.C., Washington, D. C., for the I.C.C.

Harold A. Ross, Cleveland, Ohio, and James L. Highsaw, Jr., William G. Mahoney, Washington, D. C., for Brotherhood of Railway, Airline and Steamship Clerks, etc.

MEMORANDUM

BEN C. GREEN, District Judge.

The complaint in this declaratory judgment action alleges that the Interstate Commerce Commission, as a part of its order relating to the merger of the New York Central and Pennsylvania Railroad Companies, provided that no employee shall be deprived of employment or be placed in a worse position with respect to compensation, fringe benefits or rights and privileges pertaining thereto, at any time during employment...

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