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RAILWAY LABOR EXECUTIVES' ASS'N v. I.C.C.

Nos. 91-1524, 91-1549.

999 F.2d 574 (1993)

RAILWAY LABOR EXECUTIVES' ASSOCIATION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Norfolk Southern Railway Company, Chesapeake & Albemarle Railroad Company, Inc., Intervenors. UNITED TRANSPORTATION UNION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Norfolk Southern Railway Company, Chesapeake & Albemarle Railroad Company, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 30, 1993.

Attorney(s) appearing for the Case

John O'B. Clarke, Jr., Washington, DC, argued the cause for petitioners. On brief were William G. Mahoney, Washington, DC, and Clinton J. Miller III, Cleveland, OH.

Clyde J. Hart, Jr., Attorney, I.C.C., Washington, DC, argued the cause for the respondents. On brief were Henri R. Rush, Deputy Gen. Counsel, and John J. McCarthy, Jr., Associate Gen. Counsel, I.C.C., and J. Mark Gidley, Acting Asst. Atty. General, John J. Powers, III and Robert J. Wiggers, Attys., Dept. of Justice, Washington, DC.

Jeffrey S. Berlin, Washington, DC, argued the cause for the intervenors.

On joint brief were Mark E. Martin, Washington, DC, and William P. Stallsmith, Jr., Norfolk, VA, for Norfolk Southern Ry. Co.

Kelvin J. Dowd and Frank J. Pergolizzi, Washington, DC, for Chesapeake & Albemarle R. Co., Inc.

Before D.H. GINSBURG, HENDERSON and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

The petitioners, two railway labor organizations, seek review of an Interstate Commerce Commission (ICC or Commission) decision under 49 U.S.C. § 10901 approving the lease of a small railroad line to a non-carrier subsidiary of a rail carrier. The petitioners maintain that the rail carrier formed the subsidiary to evade labor protection mandated...

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