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

Nos. 87-2581, 87-2600.

848 F.2d 856 (1988)

BURLINGTON NORTHERN RAILROAD COMPANY, Appellee, v. UNITED TRANSPORTATION UNION, Appellant. Fred A. Hardin, J.W. Reynolds, Brotherhood of Locomotive Engineers, J.F. Sytsma and W.C. Walpert. RAILWAY LABOR EXECUTIVES' ASSOCIATION, v. BURLINGTON NORTHERN RAILROAD COMPANY, Appellee, v. RAILWAY LABOR EXECUTIVES' ASSOCIATION, Brotherhood of Locomotive Engineers, United Transportation Union, Appellant. BURLINGTON NORTHERN RAILROAD COMPANY, Appellant, v. UNITED TRANSPORTATION UNION, Appellee, Fred A. Hardin, J.W. Reynolds, Brotherhood of Locomotive Engineers, J.F. Sytsma and W.C. Walpert. RAILWAY LABOR EXECUTIVES' ASSOCIATION, v. BURLINGTON NORTHERN RAILROAD COMPANY, Appellant, v. RAILWAY LABOR EXECUTIVES' ASSOCIATION, Brotherhood of Locomotive Engineers, United Transportation Union, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 31, 1988.


Attorney(s) appearing for the Case

Clint Miller, Cleveland, Ohio, for United Transp. Union et al.

Richard Schreiber, Fort Worth, Tex., for Burlington Northern.

Before HEANEY, ARNOLD and FAGG, Circuit Judges.


HEANEY, Circuit Judge.

I. Overview

Burlington Northern Railroad Company (BN) announced its intention to sell a section of its rail lines to the Montana Rail Link (MRL), a newly formed corporation. This type of transaction was recently exempted from Interstate Commerce Commission (ICC) approval requirements, which generally involved the imposition of labor protective conditions. See Ex Parte No. 392 (Sub. No. 1), Class Exemption for the Acquisition...

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