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RICHMOND, FREDERICKSBURG & POTOMAC R. CO. v. TCU

No. 92-1007.

973 F.2d 276 (1992)

RICHMOND, FREDERICKSBURG & POTOMAC RAILROAD COMPANY, Plaintiff-Appellee, v. TRANSPORTATION COMMUNICATIONS INTERNATIONAL UNION, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 17, 1992.

As Amended September 10, 1992.

Attorney(s) appearing for the Case

Joseph Guerrieri, Jr., Guerrieri, Edmond & James, Washington, D.C., argued (John A. Edmond, Mark Masling, Guerrieri, Edmond & James, Washington, D.C., Mitchell M. Kraus, General Counsel, Transp. Communications Intern., Union, Rockville, Md., on the brief), for defendant-appellant.

I. Michael Greenberger, Shea & Gardner, Washington, D.C., argued (Mark S. Raffman, Timothy P. Brooks, on the brief) for plaintiff-appellee.

Before WILKINSON and HAMILTON, Circuit Judges, and HOWARD, United States District Judge for the Eastern District of North Carolina, sitting by designation.

OPINION

WILKINSON, Circuit Judge:

This case arises out of a labor dispute between a railroad and a union that was initially submitted to arbitration. The railroad and union both agreed to submit to an arbitrator the question of whether the railroad could make unilateral severance offers to its clerical employees. The arbitrator decided in favor of the union. The railroad then sought to have the arbitrator's decision overturned in the district court, however...

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