ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, April 10, 1990                   TAG: 9004100519
SECTION: VIRGINIA                    PAGE: B1   EDITION: METRO 
SOURCE: GREG EDWARDS STAFF WRITER
DATELINE:                                 LENGTH: Medium


NW WINS COURT ORDER AGAINST STRIKE

The Norfolk and Western Railway Co. obtained a temporary restraining order from a federal judge Saturday to head off a strike by the Brotherhood of Maintenance of Way Employees union.

The union's dispute with NW involves supervisors doing work that the union says should be done by union workers.

In a complaint filed Friday with U.S. District Judge James Turk in Roanoke, the NW claimed the union was going to strike the railroad Sunday morning by setting up picket lines in Norfolk and in the company's western operating regions.

The NW claimed that Joe Pugh, the union's general chairman in Roanoke, had told the railroad that a strike was being called. Pugh, who was contacted Monday morning, argued with that claim.

"What I told them was I was going to do what I had to do," Pugh said.

Turk's temporary order forbids Pugh and other union defendants from calling a strike and instructs them to take steps to avoid a strike.

Turk set a hearing for April 16 on NW's request for an injunction against the union.

The dispute centers on the NW's assignment of supervisors to do minor repairs when problems are found during federally required track inspections. The railroad said it has historically assigned supervisors to perform such work.

But in the past, Pugh said, track inspections were made by a foreman and laborer, both union members, with a supervisor occasionally accompanying them. On Feb. 5, the railroad began assigning supervisors to accompany foremen on inspections instead of laborers, he said.

"A supervisor was taking the place of a laborer; the dictionary said supervisors are to supervise the work, not to perform it," Pugh said.

The union's threat of a work stoppage is a violation of the Railway Labor Act, the railroad said. A disagreement over the interpretation of the union contract, the railroad said, should be resolved by arbitration under the provisions of the law.

Pugh said he had talked with NW but was unsuccessful in resolving the dispute. About 40 of NW's union laborers have lost work because of the railroad's new policy, he said.

NW declined to comment on the case beyond what was contained in the court record.

Listed as defendants in NW's complaint are the union; Pugh; R.L. Taylor, another union general chairman; and G.N. Zeh, the union's president.



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