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NORFOLK & WESTERN RY. v. TRANSP. COM. INTERN. UN.

No. 93-1366.

17 F.3d 696 (1994)

NORFOLK AND WESTERN RAILWAY COMPANY, Plaintiff-Appellant, v. TRANSPORTATION COMMUNICATIONS INTERNATIONAL UNION, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 25, 1994.

Attorney(s) appearing for the Case

ARGUED: Jeffrey Stephen Berlin, Richardson, Berlin & Morvillo, Washington, D.C., for Appellant. Nora Carroll, Guerrieri, Edmond & James, Washington, D.C., for Appellee. ON BRIEF: Mark E. Martin, Richardson, Berlin & Morvillo, Washington, D.C.; William P. Stallsmith, Jr., Norfolk, Virginia, for Appellant. Robert S. Clayman, Guerrieri, Edmond & James, Washington, D.C., for Appellee.

Before RUSSELL and LUTTIG, Circuit Judges, and KEELEY, United States District Judge for the Northern District of West Virginia, sitting by designation.

OPINION

LUTTIG, Circuit Judge:

This case arises from a labor dispute between a railroad and a union that was submitted to arbitration under the Railway Labor Act. The arbitration Board ruled against the railroad after drawing an adverse inference from the railroad's refusal to produce evidence. The district court granted enforcement of the arbitration award, and the railroad appeals, arguing that the arbitration Board exceeded its contractual jurisdiction...

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