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EMPLOYEES OF THE BUTTE, ANACONDA & PACIFIC v. U.S.

Nos. 88-7138, 88-7162 and 89-70504.

938 F.2d 1009 (1991)

EMPLOYEES OF the BUTTE, ANACONDA & PACIFIC RAILWAY COMPANY, represented by Brotherhood of Maintenance of Way Employees, Brotherhood of Airline Clerks and Brotherhood of Railway Carmen, Petitioner, v. UNITED STATES of America; Interstate Commerce Commission; Respondents, Butte, Anaconda & Pacific Railway Company (BA & P) Respondent-Intervenor. EMPLOYEES OF the BUTTE, ANACONDA & PACIFIC RAILWAY COMPANY, represented by United Transportation Union, Petitioner, v. UNITED STATES of America; Interstate Commerce Commission, Respondents. EMPLOYEES OF the BUTTE, ANACONDA & PACIFIC RAILWAY COMPANY, represented by Brotherhood of Maintenance of Way Employees, Brotherhood of Airline Clerks, Brotherhood of Railway Carmen and United Transportation Union, Petitioner, v. UNITED STATES of America, Interstate Commerce Commission, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided July 10, 1991.

Attorney(s) appearing for the Case

David M. McLean, Knight, Dahood, McLean & Everett, Anaconda, Mont., for petitioner.

Steven L. Zelinger, U.S. Dept. of Justice, and Dennis Starks, I.C.C., Washington, D.C., for respondents.

Robert J. Corber, Steptoe & Johnson, Washington, D.C. and Donald C. Robinson, Poore, Roth & Robinson, Butte, Mont., for respondent-intervenor.

Before BROWNING, CANBY and TROTT, Circuit Judges.

CANBY, Circuit Judge:

In this consolidated proceeding, various labor organizations (the Unions) petition for review of three orders of the Interstate Commerce Commission (ICC). In these orders, the ICC denied labor protective benefits to employees represented by the Unions. On appeal, the Unions argue that the ICC acted arbitrarily and capriciously or exceeded its jurisdiction in vacating an arbitration decision awarding benefits to the employees. The Unions also...

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