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BROTHERHOOD OF LOC. FIRE. & ENG. v. ATCHISON, T. & S. F. RY. CO.

Nos. 23995, 23996.

442 F.2d 794 (1971)

BROTHERHOOD OF LOCOMOTIVE FIREMEN & ENGINEMEN, Appellant, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, et al. BANGOR AND AROOSTOOK RAILROAD COMPANY, et al., v. BROTHERHOOD OF LOCOMOTIVE FIREMEN & ENGINEMEN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 19, 1971.

Attorney(s) appearing for the Case

Mr. Joseph L. Rauh, Jr., Washington, D. C., with whom Messrs. John Silard, Elliott C. Lichtman and Isaac N. Groner, Washington, D. C., were on the brief, for appellants.

Mr. Francis M. Shea, Washington, D. C., with whom Messrs. Richard T. Conway and James A. Wilcox, Washington, D. C., were on the brief, for appellees.

Before DANAHER, Senior Circuit Judge, and LEVENTHAL and ROBB, Circuit Judges.

LEVENTHAL, Circuit Judge:

In these consolidated cases the ongoing strife between the railroads and the Brotherhood of Locomotive Firemen and Enginemen (BLFE), concerning the fireman manpower required to be employed in the movement of freight, has come to focus on the application of our 1967 Akron opinion "that any new runs created after Award 282 are subject to the National Diesel Agreement [of 1950], and its requirement...

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