BROTH. OF RY., ETC. v. KANSAS CITY TERMINAL RY. CO.

No. 78-1082.

587 F.2d 903 (1978)

BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP CLERKS, Freight Handlers, Express and Station Employees, John W. Banks, William T. Bandy, Jr., Harvey B. Edwards, Anthony J. Galate, Denver O. Nell, R. Duane Rogers, Appellants, v. KANSAS CITY TERMINAL RAILWAY COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 20, 1978.


Attorney(s) appearing for the Case

James L. Highsaw of Highsaw, Mahoney & Friedman, Washington, D. C., for appellants; John O'B. Clarke, Jr., Washington, D. C., Glenn McCann, Kansas City, Mo., and William J. Donlon, Gen. Counsel, Broth. of Ry. and Airline Clerks, Rosemont, Ill., on the brief.

William M. Stapleton of Lathrop, Koontz, Righter, Clagett, Parker & Norquist, Kansas City, Mo., for appellee; William M. Stapleton, Sam D. Parker and Stuart W. Conrad, Kansas City, Mo., on the brief.

Before ROSS and HENLEY, Circuit Judges, and MARKEY, Chief Judge.


ROSS, Circuit Judge.

The issue raised in this case requires the court to consider whether a special board of adjustment, convened pursuant to 45 U.S.C. § 153, Second of the Railway Labor Act, has rendered a decision which fails to confine itself to matters within the scope of the Board's jurisdiction.

As set out in the opinion of the district court, the plaintiff-appellant, Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express...

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