Charles Evans Whittaker

“ Although originally an efficient and profitable railroad, North Western, in more recent years, failed both to maintain and to modernize its lines, facilities and equipment, and also permitted many outmoded, inefficient and wasteful practices to continue-producing the highest ratio of wage and salary expense to the revenue dollar of all major American railroads-resulting ultimately in its inability effiectively to compete with new forms of transportation, or even with modernized railroads. ”

“ Employees who may be displaced should, in the case of railroad unifications, be protected by some such plan as is embodied in the so-called 'Washington agreement' of 1936 between the railroad managements and labor organizations (providing for the mitigation of hardships by the payment of certain monetary benefits for a limited period to employees whose jobs are abolished by such approved unifications) . ”

“ Alarmed by these conditions, North Western's new managers undertook a number of steps in the spring of 1956 to improve its physical condition and competitive position, including the elimination of many outmoded, costly and wasteful practices. It then had several hundred 'one-man' stations, principally located on branch lines from which-due to lack of need, occasioned by the advent of paved roads and motorized vehicles-all passenger trains and many freight trains had been removed and over which the few remaining freight trains passed at hours when many of the agents were not even on duty. ”

“ These procedures plainly exclude any right or power of a carrier, at its will alone, to effectuate, or of a labor union representing its employees to veto, any proposed abandonment. Although both may be heard, neither of them, nor the two in agreement, even if their agreement be evidenced by an express contract, may usurp the Commission's decisional function by dictating the result or thwarting its effect. ”

“ To aid in effectuating that policy, Congress has contemplated the abandonment of railroad lines, stations, depots and other facilities and services when found by designated public regulatory bodies to be burdensome and no longer required to serve the public convenience and necessity. ”

“ System Federation No. 40, 300 U.S. 515, 57 S.Ct. 592, 81 L.Ed. 789. 'Courts of equity may, and frequently do, go much farther both to give and withhold relief in furtherance of the public interest than they are accustomed to go when only private interests are involved.' 300 U.S. at page 552, 57 S.Ct. ”

“ Hearings were held by that Commission beginning November 26, 1957, and ending January 17, 1958. The Union appeared in that proceeding, presented evidence, a brief and an oral argument, in opposition to the petition. It contended, among other things, that its existing bargaining agreement with North Western prohibited abolishment of any agency jobs without its consent. On May 9, 1958, the Commission entered its order. It found that the workload of the agents at the stations involved varied from 12 minutes to 2 hours per day and averaged 59 minutes per day. ”