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MERCHANTS DES. TR. CORP. v. SYSTEM FED. NO. 1, ETC.

No. 75 C 2972.

413 F.Supp. 577 (1976)

MERCHANTS DESPATCH TRANSPORTATION CORPORATION, Plaintiff, v. SYSTEM FEDERATION NUMBER ONE RAILWAY EMPLOYEES' DEPARTMENT AFL-CIO CARMEN, formerly known as the Brotherhood of Railway Carmen of America System Federation Number 103, Special Board of Adjustment Number 570, and Referee Harold M. Gilden, Neutral Member of the Special of Adjustment Number 570, Defendants.

United States District Court, N. D. Illinois, E. D.

On Motion to Reconsider June 8, 1976.

Attorney(s) appearing for the Case

Peter V. Fazio, James E. Spiotto, Terrence T. O'Meara and Mark P. Cohen, Chapman & Cutler, Chicago, Ill., for plaintiff.

Donald G. Newman, Asst. U. S. Atty., Chicago, Ill., Edward J. Hickey, Jr., William J. Hickey, Michael S. Wolly, Washington, D. C., Alex Elson, Chicago, Ill., for defendants.

MEMORANDUM OPINION

GRADY, District Judge.

This action was filed by the plaintiff to review an adverse decision by an arbitration board. The board, Special Board of Adjustment No. 570, was established by agreement pursuant to Section 3 Second, First Paragraph of the Railway Labor Act, 45 U.S.C. § 153 Second, First Paragraph. The defendant System Federation Number One (Union) contends that under the Seventh Circuit's opinion in Brotherhood of Railway...

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