GEN. COM. OF ADJUSTMENT v. BURLINGTON NORTHERN

No. 79-1458.

620 F.2d 161 (1980)

GENERAL COMMITTEE OF ADJUSTMENT, United Transportation Union E, Burlington Northern, Inc., Great Northern Segment, Appellant, v. BURLINGTON NORTHERN, INC., Brotherhood of Locomotive Engineers, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 19, 1980.


Attorney(s) appearing for the Case

Patrick J. Foley, DeParcq, Anderson, Perl, Hunegs & Rudquist, Minneapolis, Minn., for appellant.

Barry McGrath, St. Paul, Minn., for appellee, Burlington Northern, Inc.

Harold A. Ross, Ross & Kraushaar, Cleveland, Ohio and Robert V. Atmore, Lindquist & Vennum, Minneapolis, Minn., filed brief for appellee Broth. of Locomotive Engineers.

Before HEANEY and HENLEY, Circuit Judges, and SCHATZ, District Judge.


HEANEY, Circuit Judge.

This matter is before the Court for a second time. When it was first here,1 we made it clear that employees of Burlington Northern, Inc. (BNI), who are members of the United Transportation Union-E (UTU-E) working as engineers in the United States, have a right to have their merger-related disputes2 decided by a Public Law Board on which the UTU-E is represented. As we there stated:

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