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CONSOL. RAIL v. BROTH. OF MAINTENANCE OF WAY EMP.

No. 1379, Docket 86-7289.

792 F.2d 303 (1986)

CONSOLIDATED RAIL CORPORATION, Plaintiff-Appellee, v. BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, and O.M. Berge, President-BMWE, W.E. LaRue, Vice President-BMWE, J. Dodd, General Chairman-BMWE, J. Cassese, General Chairman-BMWE, C.C. Davison, General Chairman-BMWE, P.W. MacQueen, Assistant General Chairman-BMWE, John Doe, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 5, 1986.

Attorney(s) appearing for the Case

Louis P. Malone, Gen. Counsel, Broth. of Maintenance of Way Employees, Washington, D.C. (James L. Linsey, John S. Bishop, Michael Barrett, Cohen, Weiss & Simon, New York City, of counsel), for defendants-appellants.

Dennis A. Arouca, Philadelphia, Pa. (Robert S. Hawkins, Pepper, Hamilton & Scheetz, Nixon, Hargrave, Devans & Doyle, Rochester, N.Y., Lucy S.L. Amerman, Cary A. Metz, John B. Rossi, Consol. Rail Corp., of counsel), for plaintiff-appellee.

Before KAUFMAN, CARDAMONE and WINTER, Circuit Judges.

PER CURIAM:

In April 1984, the Brotherhood of Maintenance of Way Employees ("BMWE" or the "Union") notified the Maine Central Railroad and the Portland Terminal Company that the Union wished to negotiate changes in wages and working conditions, pursuant to the Railroad Labor Act ("RLA"), 45 U.S.C. § 151 et seq. After almost two years of negotiations, BMWE exhausted the elaborate bargaining procedures mandated by 45 U.S.C. §§ 155, 156. The Union...

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