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UNITED TRANSP. UNION v. BURLINGTON NORTHERN R. CO.

No. CV 87-73-H-CCL.

672 F.Supp. 1579 (1987)

UNITED TRANSPORTATION UNION; Brotherhood of Locomotive Engineers; Brotherhood of Maintenance of Way Employees; Local No. 685 of the United Transportation Union; Gary Blakely; John H. Post; Timothy Pascoe; Joe Brand; Eugene Koppy; Mark Flanigan; R.L. Benson; W.S. Kendershott; G.D. Norskog; R.A. Benson; J.W. Benson; Jean Oines; J.H. Hiatt; Don E. Ray; Russell Saxbury; and Warren McGee, Plaintiffs, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant.

United States District Court, D. Montana, Helena Division.

October 29, 1987.

Attorney(s) appearing for the Case

James H. Goetz, Brigitte M. Anderson, Goetz, Madden & Dunn, P.C., Bozeman, Mont., for plaintiffs.

Leo Berry, Jr., Helena, Mont., for defendant.

MEMORANDUM AND ORDER

LOVELL, District Judge.

This motion for preliminary injunction concerns the apparently anomalous interplay between two federal statutes, the Railway Labor Act (RLA), 45 U.S.C. § 151 et seq., and the Interstate Commerce Act (ICA), 49 U.S.C. § 10101 et seq. Under the RLA, federal district courts have jurisdiction to grant injunctive relief to maintain the status quo when a carrier violates the procedures outlined for mediation...

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