BURLINGTON NORTHERN R. v. UNITED TRANSP. UNION

Nos. 88 C 2687, 88 C 4528.

688 F.Supp. 1261 (1988)

BURLINGTON NORTHERN RAILROAD COMPANY, Plaintiff, v. UNITED TRANSPORTATION UNION INTERNATIONAL; M.M. Winter, General Chairman; W.P. Torres, Local Chairman; R.J. Daurer, Local Chairman; American Train Dispatchers Association; Brotherhood of Locomotive Engineers; Brotherhood of Maintenance of Way Employees; Brotherhood of Railroad Signalmen; Brotherhood Railway Carmen (Division of TCU); Hotel and Restaurant Employees International Union; International Association of Machinists; International Brotherhood of Boilermakers and Blacksmiths; International Brotherhood of Electrical Workers; International Brotherhood of Firemen & Oilers; Railroad Yardmasters of America (Division of UTU); Sheet Metal Workers' International Association and Transportation Communications Union, Defendants. BROTHERHOOD OF LOCOMOTIVE ENGINEERS, Plaintiff, v. BURLINGTON NORTHERN RAILROAD COMPANY and Winona Bridge Railway Company, Defendants.

United States District Court, N.D. Illinois, E.D.

June 9, 1988.


Attorney(s) appearing for the Case

Richard J. Schreiber/Thomas J. Knapp, Burlington Northern Railroad, Fort Worth, Tex., Kenneth J. Wysoglad/Michael L. Sazdanoff, Kenneth & Wysoglad & Assoc., Chicago, Ill., for plaintiffs.

John Naughton, Henslee Monek and Henslee, Chicago, Ill., Clinton J. Miller, Asst. General Counsel, United Transp. Union, Cleveland, Ohio, for defendants.


MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

The Burlington Northern Railroad Company ("Burlington") entered into a trackage rights agreement with its wholly-owned subsidiary, the Winona Bridge Railway Company ("Winona"), whereby Winona is to operate Burlington trains over certain routes. The unions representing Burlington employees view the agreement as an unlawful attempt to unilaterally circumvent the provisions of various collective bargaining...

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