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NORFOLK v. BROTH. OF RAILROAD SIGNALMEN

No. 98-1808.

164 F.3d 847 (1998)

NORFOLK AND WESTERN RAILWAY COMPANY; Norfolk Southern Railway Company; CSX Transportation, Incorporated; Consolidated Rail Corporation, Plaintiffs-Appellees, and Norfolk Southern Corporation, Counterdefendant-CounterdefendantAppellee, v. BROTHERHOOD OF RAILROAD SIGNALMEN, Defendant-Appellant, and Brotherhood of Locomotive Engineers; American Train Dispatchers Department-BLE; Brotherhood of Maintenance of Way Employees; The International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO; International Brotherhood of Electrical Workers; National Conference of Firemen & Oilers; Sheet Metal Workers International Association, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided December 29, 1998.

Attorney(s) appearing for the Case

ARGUED: John O'Brien Clarke, Jr., Highsaw, Mahoney & Clarke, P.C., Washington, D.C., for Appellant. Jeffrey Stephen Berlin, Sidley & Austin, Washington, D.C., for Appellees. ON BRIEF: Michael S. Wolly, Daniel G. Orfield, Zwerdling, Paul, Leibig, Kahn, Thompson & Wolly, P.C., Washington, D.C., for Appellant. Mark E. Martin, Sidley & Austin, Washington, D.C.; William B. Poff, Woods, Rogers & Hazlegrove, Roanoke, Virginia; Ronald M. Johnson, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, D.C.; Arthur P. Strickland, Roanoke, Virginia, for Appellees.

Before WILKINS, NIEMEYER, and MICHAEL, Circuit Judges.

OPINION

NIEMEYER, Circuit Judge:

In the wake of an announcement in April 1997 by Norfolk Southern Corporation and CSX Corporation that they were acquiring and dividing a major portion of the assets of Conrail, Inc., the Brotherhood of Railway Signalmen, a union representing employees of the corporations' railroad subsidiaries, gave notice under § 6 of the Railway Labor Act that it wished to renegotiate the terms of its collective bargaining agreements...

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