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BROTHERHOOD OF RAILROAD TRAINMEN v. ATLANTIC COAST LINE R. CO.

No. 20718.

383 F.2d 225 (1967)

BROTHERHOOD OF RAILROAD TRAINMEN, Appellant, v. ATLANTIC COAST LINE RAILROAD COMPANY et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided September 6, 1967.

Attorney(s) appearing for the Case

Mr. Milton Kramer, Washington, D. C., with whom Messrs. Martin W. Fingerhut, Washington, D. C., and John H. Haley, Jr., St. Louis, Mo., were on the brief, for appellant.

Mr. Francis M. Shea, Washington, D. C., with whom Mr. Richard T. Conway, Washington, D. C., was on the brief, for appellees.

Messrs. David G. Bress, U. S. Atty., David L. Rose, Walter H. Fleischer and John C. Eldridge, Attorneys, Department of Justice, filed briefs on behalf of the United States as amicus curiae, urging reversal.

Before BASTIAN, Senior Circuit Judge, TAMM and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge:

This appeal involves still another phase of the railroad work rules dispute that erupted again in 1959 when the nation's major carriers served notices under Section 6 of the Railway Labor Act, 45 U.S. C. § 156 (1964), to abrogate existing rules regulating the use of conductors and trainmen, or "crew consist," on yard and road crews. We have recently recounted the events that followed this opening round.1...

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