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B. RY. CARMEN OF U.S. & CANADA v. NORFOLK & W. RY.

No. 83-3496.

745 F.2d 370 (1984)

BROTHERHOOD RAILWAY CARMEN OF the UNITED STATES AND CANADA, AFL-CIO-CLC, Plaintiff-Appellant, v. NORFOLK AND WESTERN RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 4, 1984.

Attorney(s) appearing for the Case

Harold A. Ross, Ross & Kraushaar Co., L.P.A., Cleveland, Ohio, Newton G. McCoy (argued), Friedman, Weitzmar & Friedman, P.C., St. Louis, Mo., for plaintiff-appellant.

Robert G. Boes, Arter & Hadden, Cleveland, Ohio, William B. Poff (argued), Woods, Rogers, Muse, Walker & Thornton, Roanoke, Va., for defendant-appellee.

Before KEITH and CONTIE, Circuit Judges, and BROWN, Senior Circuit Judge.

CONTIE, Circuit Judge.

The Brotherhood of Railway Carmen of the United States and Canada appeals the district court's dismissal of its complaint. The Carmen had sought to enjoin the defendant Norfolk & Western Railway Company from ceasing to pay "checking in and out pay" before exhausting the negotiation and mediation procedures of section 6 of the Railway Labor Act, 45 U.S.C. § 156. The Carmen alleged that Norfolk & Western's action is a unilateral change...

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