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BROTHERHOOD OF WAY EMP. v. BURLINGTON NORTHERN, CO.

No. 93-3088.

24 F.3d 937 (1994)

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, Plaintiff-Appellee, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 16, 1994.

Attorney(s) appearing for the Case

Solomon I. Hirsh, Chicago, IL, John O'B. Clarke, Jr. (argued), Highsaw, Mahoney & Clarke, Washington, DC, for plaintiff-appellee.

Thomas J. Knapp, Lawrence M. Stroik, Charles W. Shewmake (argued), Fort Worth, TX, Kenneth J. Wysoglad, Michael L. Sazdanoff, Wysoglad & Associates, Chicago, IL, for defendant-appellant.

Before FLAUM and EASTERBROOK, Circuit Judges, and MILLER, District Judge.

EASTERBROOK, Circuit Judge.

Steep curves must be lubricated for trains to run properly. Members of the Brotherhood of Maintenance of Way Employees (BMWE) performed this work for the St. Louis-San Francisco Railway, now part of the Burlington Northern Railroad (BN). In February 1987 the BN began using an automated lubrication system on a stretch of track between Springfield, Missouri, and Hoxie, Arkansas. A track inspection vehicle, already used for other purposes...

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