BROTHERHOOD OF MAINTENANCE OF WAY EMP. v. I.C.C.

No. 89-1580.

920 F.2d 40 (1990)

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided November 30, 1990.


Attorney(s) appearing for the Case

Richard S. Edelman, with whom John O'B. Clarke, Jr., Washington, D.C., was on the brief, for petitioner.

Clyde J. Hart, Jr., Atty., I.C.C., with whom Robert S. Burk, Gen. Counsel, Henri F. Rush, Deputy Gen. Counsel, and John J. McCarthy, Jr., Deputy Associate Gen. Counsel, I.C.C., and James F. Rill, Asst. Atty. Gen., Robert J. Wiggers, John J. Powers, III, Attys., U.S. Dept. of Justice, were on the brief, for respondents. Laurence H. Schecker, Atty., I.C.C., also entered an appearance for respondents.

Paul R. Berger, with whom John H. Broadley, Washington, D.C., was on the brief, for intervenor.

Before MIKVA, EDWARDS and HENDERSON, Circuit Judges.


Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

In 1984, the Interstate Commerce Commission ("ICC" or "Commission") authorized the Maine Central Railroad Company ("MEC") to lease a section of rail line to the Twin State Railroad Corporation. Under the terms of the authorization, MEC was required to implement certain employee protective conditions, known as the Mendocino Coast conditions, on behalf of workers...

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