UNITED TRANSP. UNION v. U.S.

Nos. 92-5002, 92-5016.

987 F.2d 784 (1993)

UNITED TRANSPORTATION UNION, Appellant, v. UNITED STATES of America, et al. BURLINGTON NORTHERN RAILROAD COMPANY, et al. v. UNITED TRANSPORTATION UNION, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 9, 1993.


Attorney(s) appearing for the Case

Norton N. Newborn, with whom Clinton J. Miller, III, Gen. Counsel, U. Transp. Union, Joseph Guerrieri, Jr. and Mark Masling were on the brief, for appellant. John A. Edmond also entered an appearance for appellant.

Jeffrey A. Clair, Atty., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., William Kanter, Atty., Dept. of Justice, and Ronald M. Etters, Gen. Counsel, Nat. Mediation Bd., were on the brief, for appellee.

Peter Buscemi, Harry A. Rissetto and D. Michael Underhill, were on the brief for appellees, Burlington Northern R.R. Co., CSX Transp., Inc., Denver and Rio Grande Western R.R. Co., Ill. Cent. R.R. Co., Kansas City Southern Railway Co., Norfolk Southern Railway Co., Norfolk and Western Railway Co., St. Louis Southwestern Railway Co., Southern Pac. Transp. Co. and Union Pac. R.R. Co.

Ralph J. Moore, Jr. and John Townsend Rich were on the joint brief for appellee, Chicago & North Western Transp. Co.

Bruce R. Lerner, Susan D. Carle, and Harold A. Ross, Attys., were on the brief for appellee Broth. of Locomotive Engineers.

Before: MIKVA, Chief Judge, SILBERMAN and HENDERSON, Circuit Judges.


Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

The United Transportation Union (UTU) appeals the district court's rejection of its claims that Public Law 102-29 (the Act) violates the Commerce Clause and conflicts with the Railway Labor Act (RLA). The Act settled a labor dispute between UTU and most of the nation's Class I rail carriers by imposing a collective bargaining agreement which, inter alia, reopened negotiations...

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