Inter-Modal Rail Employees Ass'n v. Atchison, Topeka & Santa Fe Railway Co.

Inter-Modal Rail Employees Association and five of its members, plaintiffs below, appeal the dismissal of their complaint under the Employee Retirement Income Security Act of 1974 (“ERISA”) and the Federal Employer’s Liability Act (“FELA”) for failure to state a claim on which relief could be granted. In a related appeal, plaintiffs challenge an award of attorneys fees based on the premature filing by plaintiffs of an earlier notice of appeal.

I.

Defendant Atchison, Topeka and Santa Fe Railway Company transferred certain cargo handling work from a wholly-owned subsidiary, defendant Santa Fe Terminal Services, *350 Inc., to an independent corporation, defendant In-Terminal Services Division of Mi-Jack Products, Inc. 1 The Association represents former employees of Santa Fe Terminal Services who lost their jobs as a result of the transfer. The complaint alleges (1) defendants violated Section 510 of ERISA by conspiring to transfer the work from Santa Fe Terminal Services to In-Terminal Services for the express purpose of depriving members of the Association of pension and welfare benefits; 2 and (2) Santa Fe Railway Company and Santa Fe Terminal Services violated FELA by…