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LONG ISLAND R. CO. v. UNITED TRANSP. UN.

No. 80 Civ. 0914 (LFM).

484 F.Supp. 1290 (1980)

The LONG ISLAND RAILROAD COMPANY, Plaintiff, v. UNITED TRANSPORTATION UNION and Edward Yule, Jr., its General Chairman; United Transportation Union, Local 645 and Frank P. O'Kelly, its President; United Transportation Union, Local 1831 and Reginal B. Sandell, its President; United Transportation Union, Local 645B and Robert G. Shalik, its Local Chairman; United Transportation Union, Local 1934 and Thomas G. Iuliucci, its President; Brotherhood of Locomotive Engineers and George B. McSherry, its General Chairman; Brotherhood of Railroad Signalmen, Local Lodge 56 and John W. Hogan, its General Chairman; Brotherhood of Railway Carmen of the United States and Canada, Local 886 and Anthony J. Russo, its General Chairman; International Brotherhood of Teamsters, Local 808 and John J. Mahoney, Jr., its Secretary-Treasurer; Police Benevolent Association and Michael Matthaei, its President; Railroad Yardmasters of America, Local Lodge 91 and J. A. Jackowski, its General Chairman; John Doe and Richard Roe, said names of "John Doe" and "Richard Roe" being fictitious, their true names being unknown to plaintiff, being persons employed in the operation and maintenance of the railroad facilities operated by The Long Island Rail Road Company; and all other persons acting in concert with them, Defendants.

United States District Court, S. D. New York.

February 25, 1980.

Attorney(s) appearing for the Case

Robert Abrams, Atty. Gen., New York City, by Harold Tompkins and Barry Fertel, Asst. Attys. Gen., New York City, for plaintiff.

Seward & Kissel, New York City, by Anthony Mansfield, Eugene P. Souther and Michael W. Kelly, New York City, Special Counsel, for plaintiff.

Shapiro, Shiff, Reilly, Rosenberg and Fox, New York City, by Sidney Fox, Gerald Richman and Harold D. Kozupsky, New York City, for defendant Brotherhood of Locomotive Engineers.

Sanchez & McKay, Congers, N. Y., by Ricardo McKay, Congers, N. Y., for defendant UTU and Brotherhood of Railroad Signalmen.

O'Dwyer & Bernstein, New York City, by Brian O'Dwyer and Joseph Licata, New York City, for defendants Local 808, John J. Mahoney, Jr. and Police Benevolent Ass'n.

O'Hagan, Reilly & Gorman, Islip, N. Y., by Richard E. Chesney, for defendants Brotherhood of Railroad Carmen and Local 886.

Highsaw, Mahoney & Friedman, P. C., Washington, D. C., by Edward D. Friedman, Washington, D. C., for defendants United Transp. Union and Brotherhood of Locomotive Engineers.

OPINION

MacMAHON, Chief Judge.

Plaintiff Long Island Rail Road Company ("LIRR") moves to remand this action to the Supreme Court of New York, New York County, pursuant to 28 U.S.C. § 1447(c). For the reasons below, we grant the motion.

This action arises from the well-publicized labor contract deadlock between LIRR and the defendant operating employees of LIRR, unions and locals representing them, and officers of those organizations (the "Unions...

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