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UNITED TRANSP. UNION v. SURFACE TRANSP. BD.

Nos. 96-1201, 96-1202.

114 F.3d 1242 (1997)

UNITED TRANSPORTATION UNION, Petitioner, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents, CSX Transportation, Inc., Intervenor. RAILWAY LABOR EXECUTIVES' ASSOCIATION, et al., Petitioners, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 13, 1997.

Attorney(s) appearing for the Case

Norton N. Newborn, for United Transportation Union, and John O'B. Clarke, Jr., for Railway Labor Executives' Association, et al., argued the cause for the petitioners. William G. Mahoney and Richard S. Edelman were on brief.

Louis Mackall, V, Attorney, Surface Transportation Board, argued the cause for the respondents. Henri F. Rush, General Counsel, Surface Transportation Board, was on brief. John J. Powers, III, and Robert J. Wiggers, Attorneys, United States Department of Justice, entered appearances.

Ronald M. Johnson argued the cause for intervenor CSX Transportation, Inc.

Before SILBERMAN, WILLIAMS and HENDERSON, Circuit Judges.

KAREN LeCRAFT HENDERSON, Circuit Judge:

The United Transportation Union (UTU) and the Railway Labor Executives' Association (RLEA) (together the Unions) petition for review of an order of the Surface Transportation Board (STB or Board)1 concluding that a coordination of railway service sought by CSX Transportation, Inc. (CSXT) was to be carried out pursuant to the labor protective conditions imposed by the STB's New York Dock rules...

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