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UNITED TRANSPORTATION UNION v. BNSF RAILWAY COMPANY

Case No. C10-5808RBL.

UNITED TRANSPORTATION UNION, and RICHARD D. KITE, Plaintiff, v. BNSF RAILWAY COMPANY, Defendant.

United States District Court, W.D. Washington, Tacoma.

September 24, 2015.

Attorney(s) appearing for the Case

Jacalyn J. Zimmerman, Movant, represented by Brian C Kipnis , US ATTORNEY'S OFFICE & Tamra T Moore , US DEPT OF JUSTICE, CIVIL DIVISION.

Roland Watkins, Movant, represented by Brian C Kipnis , US ATTORNEY'S OFFICE & Tamra T Moore , US DEPT OF JUSTICE, CIVIL DIVISION.

United Transportation Union, Plaintiff, represented by Kristin Chambers , KIRKLIN THOMPSON & POPE LLP, Rick Pope , KIRKLIN THOMPSON & POPE LLP & Stephen C Thompson , KIRKLIN THOMPSON & POPE LLP.

Richard D. Kite, Plaintiff, represented by Kristin Chambers , KIRKLIN THOMPSON & POPE LLP, Rick Pope , KIRKLIN THOMPSON & POPE LLP & Stephen C Thompson , KIRKLIN THOMPSON & POPE LLP.

BNSF Railway Company, Defendant, represented by Donald J Munro , JONES DAY (DC), Carolyn Ritchie , BNSF RAILWAY CO LAW DEPT, David M Pryor , BNSF RAILWAY CO LAW DEPT, Elizabeth A. Findley , MONTGOMERY SCARP PLLC, Kelsey Endres , MONTGOMERY SCARP MACDOUGALL & William Thomas Montgomery , MONTGOMERY SCARP PLLC.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

I. FINDINGS OF FACT

1. Defendant BNSF Railway Company ("BNSF") is a carrier by rail as defined in the Surface Transportation Act, 49 U.S.C. § 10102, and a carrier as defined in Section 1, First of the Railway Labor Act ("RLA"), 45 U.S...

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