NORFOLK & W. RY. CO. v. BROTH. OF RY., ETC.

Nos. 80-1724, 80-1747.

657 F.2d 596 (1981)

NORFOLK & WESTERN RAILWAY COMPANY, Appellee, v. BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES, Appellant. NORFOLK AND WESTERN RAILWAY COMPANY, Appellant, v. BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 17, 1981.


Attorney(s) appearing for the Case

William B. Poff, Roanoke, Va. (Woods, Rogers, Muse, Walker & Thornton, Roanoke, Va., on brief), for appellant.

Joseph Guerrieri, Jr., Washington, D. C. (Highsaw, Mahoney & Friedman, Washington, D. C., James P. McElligott, Jr., McGuire, Woods & Battle, Richmond, Va., on brief), for appellee.

Before BUTZNER, PHILLIPS and MURNAGHAN, Circuit Judges.


JAMES DICKSON PHILLIPS, Circuit Judge:

This appeal arises from an attempt by the Norfolk and Western Railway (N&W) to transfer the duties of a position fully covered under its Master Agreement with the Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees (BRAC), the duly authorized bargaining representative of N&W's clerical and related employees, to a position that was only partially covered by that agreement...

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