COMMISSIONER GRESHAM. Concurring in the result: I see no statutory basis for our intrusion in any way into the collective bargaining process. The plain meaning of the language in section 5(2)(f) and the clear intent of its framers keep me from finding any jurisdiction in this case. I cannot close my eyes to the "notwithstanding" proviso contained in section 5(2)(f). Nor can I believe that Congress intended to prospectively abrogate subsequent collective bargaining agreements. No labor agreement is carved in stone. If the complainant union members are unhappy with the results of their union's negotiations, they have adequate remedies elsewhere, including several well-known Federal agencies in this city. I see no good reason in fact, law, or common sense for this Commission to enter the thicket of labor disputes. In sum, if there has been any wrong here, I do not believe it our wrong to right. CHAIRMAN O'NEAL. concurring in part: I would take jurisdiction and decide on the merits the following complaints: In Sub-No. 1, Nos. 1-3, 7-8, 10, 12, 14-15, 17, and 19; and in Sub-No. 2, Nos. 5, 12-13, and 18-19. These complaints allege abrogation of compensatory guarantees and appear to state a cause of action cognizable by the Commission under section 5(2)(f), as that provision has been interpreted in Norfolk and Western Ry. Co. V. Nemitz, 404 U.S. S.37 (1971), and Laturner v. Burlington Northern, Inc., 501 F. 2d 593 (9th Cir. 1974). The majority's reasons for dismissing most of these complaints for want of jurisidction may well constitute good reasons for denying them on the merits, but the decision in Nemitz seems to require that we reach these merits. I concur with Commissioner Gresham's views that the Interstate Commerce Commission is not, as a practical matter, the appropriate forum in which to resolve complaints by employees dissatisfied with the results of their union's negotiations. But if the petitioners reasonably allege that the postmerger agreements abrogate the compensatory protection guaranteed by the Commission's protective order, we must hear and decide their complaints. The fact that the modifications of the protective conditions are agreed to by the employees' union does not eliminate the Commission's obligation to consider their impact on the employees. Perhaps the Commission should seek to modify by legislation these obligations, but we cannot disregard them. INDEX DIGEST A ABANDONMENTS Acquisition or operation proposal un- Atchison, T. & S. F., Tom Green Baltimore & O., Sangamon and Cass Branch line users furnish sufficient Burlington Northern, Red Bluff Chesapeake & O., Leelanau Co., Mich., Between Irvington and Bennington, Burt County, Nebr., approved 643 Vilas County, Wis., denied 495 Chicago, M., St. P. & P., between Pem- Abandonment activities avoided during Rehabilitate alternate line 477 Right-of-way kept intact for responsi- Consolidation of abandonment pro- Discriminatory rates on traffic on, not Downgrading, flagrant, denied 475 Entire line, showing required 697 Existing as well as potential needs of Expenses, beyond the line 50-percent line seg- Future expenses as proof of past costs, Grain elevators, impact on 753, 760 Improvident expenditures in continua- Injunction by court against unlaw- Inspection of, prior to application, not 985 ABANDONMENTS-Continued Railroad lines-Continued Interest on capital cost, nonsavable ex- Leelanau Transit Co., line of railroad, Local rail service assistance pro- Losses incurred, to be shown beyond Maintenance, deferral of Dereliction of common carrier Reasonable in light of carrier's poor Maintenance expenses, determined by Against public interest to maximize Continuation of operation on theory Reasonable business practice to direct recom- Marianna & Blountstown R., line of Needs of community weighed against Overall profitability of carrier not con- Overhead traffic, revenue con- Potential traffic lacking to justify main- Present and potential traffic increase. Resumption of service over See RE- Right-of-way not abandoned, but Safety standards, F.R.A., maintenance Segment of line not abandoned, evi- Segment of line profitable, Com- Shippers' projected future need for 760 State department and county Govern- Applicant's failure to show applicable Gross earnings, counterpart to ad valo- |