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BROTHERHOOD OF LOC. FIRE. & ENG. v. NATIONAL MEDIATION BD.

Nos. 22050, 22185.

410 F.2d 1025 (1969)

BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN, Appellant, v. NATIONAL MEDIATION BOARD et al., Appellees. NATIONAL MEDIATION BOARD, Appellant, v. BROTHERHOOD OF LOCOMOTIVE ENGINEERS, Appellee.

United States Court of Appeals District of Columbia Circuit.

Reargued February 5, 1969.

March 14, 1969.

Petition for Rehearing Denied April 29, 1969.

Attorney(s) appearing for the Case

Mr. Joseph L. Rauh, Jr., Washington, D. C., with whom Messrs. John Silard, Washington, D. C., Daniel H. Pollitt, Chapel Hill, N. C., Isaac N. Groner, Washington, D. C., Alex Elson, Willard J. Lassers and Aaron S. Wolff, Chicago, Ill., were on the brief, for appellant in No. 22,050.

Mr. Walter H. Fleischer, Atty., Department of Justice, with whom Asst. Atty. Gen., Edwin L. Weisl, Jr. and Mr. John C. Eldridge, Atty., Department of Justice, were on the brief, for the National Mediation Board, appellant in No. 22,185 and appellee in No. 22,050.

Mr. Francis M. Shea, Washington, D. C., with whom Messrs. Richard T. Conway, David W. Miller, Washington, D. C., and James A. Wilcox, Omaha, Neb., were on the brief, for railroad appellees in No. 22,050.

Mr. Barclay D. McMillen, Washington, D. C., with whom Mr. Harold A. Ross, Cincinnati, Ohio, was on the brief, for appellee Brotherhood of Locomotive Engineers.

Before BURGER, WRIGHT and TAMM, Circuit Judges.

J. SKELLY WRIGHT, Circuit Judge:

The judgment of the District Court under review here relieves certain railroad companies of any duty to bargain over a proposal submitted to them by the Brotherhood of Locomotive Firemen and Enginemen (the Firemen), and enjoins the Firemen from striking to force such bargaining. The District Court has viewed the Firemen's proposal as creating a representational dispute with the Brotherhood of Locomotive Engineers (the Engineers), rather...

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