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MAINE CENT. R. CO. v. BROTH. OF MAINT. OF WAY EMP.

Nos. 87-1524, 88-1876.

873 F.2d 425 (1989)

The MAINE CENTRAL RAILROAD COMPANY and Portland Terminal Company, Plaintiffs, Appellants, v. BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, Defendant, Appellee. The MAINE CENTRAL RAILROAD COMPANY, et al., Plaintiffs, Appellants, v. BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided April 26, 1989.

Attorney(s) appearing for the Case

Dorothy Eugenia Langan with whom Richard T. Conway, Ralph J. Moore, Jr., Cynthia W. Simon, Shea & Gardner, Washington, D.C., Charles S. Einsiedler, Jr., and Atwood, Scribner, Allen, Smith & Lancaster, Portland, Me., were on briefs, for plaintiffs, appellants.

John O. Clarke, Jr., with whom Janet K. DeCosta and Highsaw & Mahoney, P.C., Washington, D.C., were on brief, for defendant, appellee.

Before BOWNES, Circuit Judge, COFFIN, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

COFFIN, Senior Circuit Judge.

This is an appeal by plaintiffs, Maine Central Railroad Company and Portland Terminal Company (collectively, the Carrier), from the granting of summary judgment to defendant, Brotherhood of Maintenance of Way Employees (BMWE, or the Organization),1 on plaintiffs' petition to set aside an award by a statutorily authorized Arbitration Board, 663 F.Supp. 425 and

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