RAILWAY LABOR EXECUTIVES' ASSOCIATION, Appellee,
v.
PITTSBURGH & LAKE ERIE RAILROAD CO., Appellant,
Interstate Commerce Commission, Intervenor.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued January 8, 1988.
Decided April 8, 1988.
Attorney(s) appearing for the Case
John O'B. Clarke, Jr. (argued), Highsaw & Mahoney, P.C. Washington, D.C., Stanley W. Greenfield, Graydon R. Brewer, Greenfield and Associates, Pittsburgh, Pa., for appellee.
Richard L. Wyatt, Jr. (argued), Ronald M. Johnson, Mary K. Qualiana, Akin, Gump, Strauss, Hauer & Feld, Washington, D.C., G. Edward Yurcon, Vice President — Law, The Pittsburgh & Lake Erie R. Co., Pittsburgh, Pa., for appellants.
Robert S. Burk, General Counsel, Henri F. Rush, Deputy General Counsel, John J. McCarthy, Jr., Deputy Associate General Counsel, Clyde J. Hart, Jr. (argued), Interstate Commerce Com'n, Washington, D.C., for intervenor.
Stephen M. Olson (argued), David J. Strasser, Kirkpatrick & Lockhart, Pittsburgh, Pa., for amicus curiae — P & LE Railco, Inc.
Ralph J. Moore, Jr., Richard T. Conway, Shea & Gardner, David P. Lee, Vice Chairman & General Counsel, Nat. Ry. Labor Conference, Washington, D.C., for amicus curiae Nat. Ry. Labor Conference.
Before BECKER, HUTCHINSON and COWEN, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
BECKER, Circuit Judge.
In 1926, Congress enacted the Railway Labor Act ("RLA"), in order to prevent railroad strikes from crippling interstate commerce. See ch. 347, 44 Stat. 577 (1926), now codified as amended at 45 U.S.C. §§ 151-188 (1982); Detroit & Toledo Shore Line R.R. v. United Transp. Union,396 U.S. 142, 148, 90 S.Ct. 294, 298, 24 L.Ed.2d 325 (1969). The RLA prohibits...
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