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CONSOL. RAIL CORP. v. RAILWAY LABOR EXECUTIVES' ASS'N

No. 88-1.

491 U.S. 299 (1989)

CONSOLIDATED RAIL CORPORATION v. RAILWAY LABOR EXECUTIVES' ASSOCIATION ET AL.

Supreme Court of United States.

Decided June 19, 1989

Attorney(s) appearing for the Case

Dennis J. Morikawa argued the cause for petitioner. With him on the briefs were Harry A. Rissetto, Michael J. Ossip, Sarah A. Kelly, Bruce B. Wilson, and Jeffrey H. Burton.

John O'B. Clarke, Jr., argued the cause for respondents. With him on the brief were Lawrence M. Mann, William G. Mahoney, Laurence Gold, and Cornelius C. O'Brien, Jr.*

Martin C. Seham filed a brief for the Allied Pilots Association as amicus curiae.

JUSTICE BLACKMUN delivered the opinion of the Court.

In this case, we must examine the concepts of "major" and "minor" disputes in the area of railway labor relations, articulate a standard for differentiating between the two, and apply that standard to a drug-testing dispute.

I

Since its formation in 1976, petitioner Consolidated Rail Corporation (Conrail), has required its employees to undergo physical examinations periodically and upon return...

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