UNITED TRANSP. UNION v. SURFACE TRANSP. BD.

No. 95-1621.

108 F.3d 1425 (1997)

UNITED TRANSPORTATION UNION and Brotherhood of Locomotive Engineers, Petitioners, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents, Railway Labor Executives' Association, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 21, 1997.


Attorney(s) appearing for the Case

William G. Mahoney, Washington, DC, argued the cause for petitioners, with whom John O'B. Clarke, Jr. and Richard S. Edelman were on the briefs.

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

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

Jeffrey S. Berlin, Mark E. Martin, Robert W. Blanchette, Washington, DC, and Kenneth P. Kolson, Vienna, VA, were on the brief for amicus curiae Association of American Railroads.

Before: EDWARDS, Chief Judge, HENDERSON and ROGERS, Circuit Judges.


Opinion for the Court filed by Chief Judge EDWARDS.

HARRY T. EDWARDS, Chief Judge:

This case arises out of an effort by CSX Transportation, Inc. ("CSXT") to implement an approved merger of operations of portions of four former railroads into a new, consolidated rail district. In so doing, CSXT sought to abrogate terms of existing collective bargaining agreements ("CBAs") in order to merge separate seniority rosters from the former railways into single seniority...

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