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BROTH. OF MAINTENANCE OF WAY v. GUILFORD TRANSP.

No. 86-1366.

803 F.2d 1228 (1986)

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, Plaintiff, Appellee, v. GUILFORD TRANSPORTATION INDUSTRIES, INC., et al., Defendants, Appellees. Appeal of DELAWARE AND HUDSON RAILWAY COMPANY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 28, 1986.

Attorney(s) appearing for the Case

Richard T. Conway, with whom Shea & Gardner, Ralph J. Moore, Jr., William F. Sheehan, Nancy J. Bregstein, D. Eugenia Langan, and Kinga M. LaChapelle, Washington, D.C., were on brief for appellant.

John O'B. Clarke, Jr., with whom Highsaw & Mahoney, P.C., Washington, D.C., Craig J. Rancourt, Law Office of Craig J. Rancourt, Biddeford, Me., and Louis P. Malone, III, Gen. Counsel, Washington, D.C., were on brief for appellee Broth. of Maintenance of Way Employees.

Before CAMPBELL, Chief Judge, BOWNES and TORRUELLA, Circuit Judges.

TORRUELLA, Circuit Judge.

The principal issue presented by this appeal is whether the Railway Labor Act, 45 U.S.C. § 151 et seq. (RLA), overrides the provisions of the Norris-LaGuardia Act, 29 U.S.C. § 101 et seq., to the extent of permitting the enjoining of secondary picketing by a labor organization that has exhausted the procedures established by the RLA for resolution of a "major" dispute1 with a primary carrier...

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