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RAILWAY LABOR EXECUTIVES' ASS'N v. I.C.C.

No. 87-1752.

859 F.2d 996 (1988)

RAILWAY LABOR EXECUTIVES' ASSOCIATION and Brotherhood of Locomotive Engineers, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided October 25, 1988.

Attorney(s) appearing for the Case

Harold A. Ross, Cleveland, Ohio, with whom William G. Mahoney and Clinton J. Miller, III, Washington, D.C., were on the brief for petitioners.

Louis Mackall, Atty., I.C.C., with whom Robert S. Burk, General Counsel, and Henri F. Rush, Deputy General Counsel, I.C.C., and John J. Powers, III and Robert J. Wiggers, Attys., Dept. of Justice, Washington, D.C., were on the brief for respondents.

Edward D. Greenberg and David P. Street, Washington, D.C., were on the brief for intervenor.

Before RUTH BADER GINSBURG and SILBERMAN, Circuit Judges, and POLLACK, Senior District Judge.

MILTON POLLACK, Senior District Judge:

Petitioners, the Railway Labor Executives' Association and the Brotherhood of Locomotive Engineers (the Unions), seek review of the Interstate Commerce Commission's determination that the Staten Island Rapid Transit Operating Authority is not subject to the Railway Labor Act (RLA) by virtue of 45 U.S.C. § 151, First. We affirm the ICC's determination.

BACKGROUND

The Staten Island Rapid Transit Operating...

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