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BROTH. OF MAIN. OF WAY EMP. v. ATCHISON, TOPEKA & SANTA FE RAILWAY

No. 96-4175.

138 F.3d 635 (1997)

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, Plaintiff-Counter Defendant-Appellee, v. ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, Burlington Northern Railroad Company, Sued as Burlington Northern Railroad, Consolidated Rail Corporation, et al., Defendants-Appellants, and Norfolk Southern Railway Company and Norfolk and Western Railway Company, Counter Plaintiffs-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided December 22, 1997.

As Modified on Denial of Rehearing and Rehearing April 7, 1998.

Attorney(s) appearing for the Case

John O'B. Clarke, Jr., Richard S. Edleman (argued), Highsaw, Mahoney & Clarke, Washington, DC, David Stuckel, Harvey & Stuckel, Peoria, IL, for Plaintiff-Counter Defendant-Appellee.

James S. Whitehead, Sidley & Austin, Chicago, IL, William Hatch, Hatch, Blockman, McPheters & Lyke, Champaign, IL, for Counter Plaintiffs-Appellants.

Ralph J. Moore, Jr. (argued), Donald J. Munro, Shea & Gardner, David P. Lee, Joanna L. Moorhead, National Railway Labor Conference, Washington, DC, for Defendants-Appellants.

Before CUDAHY, DIANE P. WOOD and EVANS, Circuit Judges.

As Modified on Denial of Rehearing and Rehearing In Banc April 7, 1998.*

CUDAHY, Circuit Judge.

The nation's major railroads unite in this appeal to confront the union of rail maintenance workers, the Brotherhood of Maintenance of Way Employees. The issue is the extent to which the railroads must compensate their maintenance workers for travel expenses; the governing instrument is the collective bargaining agreement (the Agreement...

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