UNITED TRANSP. UNION v. I.C.C.

No. 93-1639.

43 F.3d 697 (1995)

UNITED TRANSPORTATION UNION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Norfolk and Western Railway Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 10, 1995.


Attorney(s) appearing for the Case

Norton N. Newborn, Cleveland, OH, Atty., argued the cause, and filed the briefs, for petitioner.

Louis Mackall, Atty., I.C.C., Washington, DC, argued the cause, for respondents. On the brief, for respondents were Henri F. Rush, Gen. Counsel, and Judith A. Albert, Atty., I.C.C., Anne K. Bingaman, Asst. Atty. Gen., John J. Powers, III and Robert J. Wiggers, Attys., Dept. of Justice, Washington, DC.

Jeffrey S. Berlin, Washington, DC, and William P. Stallsmith, Jr., Norfolk, VA, were on the brief, for intervenor.

Before: SILBERMAN, HENDERSON, and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Petitioner challenges an ICC decision vacating an arbitration board's awards of protective pay allowances to railway employees who refused to exercise their seniority to take jobs at other locations after their prior jobs were abolished. We deny the petition.

I.

The ICC is required under the Interstate Commerce Act (ICA), 49 U.S.C. § 11347 (1988), to condition...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases