United States v. Atchison, Topeka & Santa Fe Railway Co.

OPINION AND ORDER

This is an action by the United States pursuant to 45 U.S.C. § 64a(a) to recover the statutory penalty for violation of 45 U.S.C. § 62 (a)(1), a part of the federal Hours of Service Act, 45 U.S.C. §§ 61 -64b, infra. It is before the Court on pross-motions for summary judgment. The United Transportation Union and the Brotherhood of Locomotive Engineers have filed briefs amicus curiae in support of plaintiff’s motion.

The facts are stipulated: Four employees of defendant went on duty on February 14, 1971, at Richmond, California. They operated one train from Richmond to Riverbank, California. After a short layover at Riverbank, not material here, they operated another train back to Richmond, where the round trip ended some sixteen hours later. Without more, continuous duty of this duration would clearly violate § 62(a)(1) and defendant would be liable for the statutory penalty of $500 per violation, $2,000 in this case.

However, the trip was interrupted for five hours and thirty-five minutes at Stockton, California, where the four men involved were released for this period and were free to do as they pleased, while continuing to be paid pursuant to collective…