NORFOLK & WEST. RY. v. BROTH. OF R.R. SIGNALMEN

Nos. Civ.A. 97-740-R, Civ.A. 98-145-R.

11 F.Supp.2d 833 (1998)

NORFOLK AND WESTERN RAILWAY COMPANY, Norfolk Southern Railway Company, CSX Transportation Inc., and Consolidated Rail Corporation, Plaintiffs, v. BROTHERHOOD OF RAILROAD SIGNALMEN, American Train Dispatchers Department of the Brotherhood of Locomotive Engineers, International Brotherhood of Electrical Workers, National Conference of Firemen & Oilers, and Sheet Metal Workers International Association, Defendants. BROTHERHOOD OF RAILROAD SIGNALMEN, Consolidated Counterclaimant, v. CSX TRANSPORTATION, INC., Norfolk Southern Corporation, Consolidated Rail Corporation, Norfolk Southern Railway Company, and Norfolk and Western Railway Company, Consolidated Counterdefendants.

United States District Court, W.D. Virginia, Roanoke Division.

May 12, 1998.


Attorney(s) appearing for the Case

Sara Bugbee Winn, Woods, Rogers & Hazlegrove, P.L.C., Roanoke, VA, William B. Poff, Woods, Rogers & Hazlegrove, P.L.C., Roanoke, VA, Jeffrey S. Berlin, Mark E. Martin, Sidley & Austin, Washington, DC, for plaintiffs Norfolk and Western Ry. Co, Norfolk Southern Ry. Co.

Ronald M. Johnson, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, DC, William Edward Potts, Jr., Agin, Gump, Strauss, Hauer & Feld, Washington, DC, for CSX Transportation, Inc., Plaintiff.

Arthur Patrick Strickland, Arthur P. Strickland, P.C., Roanoke, VA, for Consolidated Rail Corporation, plaintiff.

John O'B. Clarke, Jr., Melissa Boys Kirgis, Highsaw, Mahoney & Clarke, P.C., Washington, DC, for Brotherhood of Railroad Signalmen, American Train Dispatchers Department of the Brotherhood of Locomotive Engineers, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, International Brotherhood of Electrical Workers, National Conference of Firemen & Oilers, Sheet Metal Workers International Association, defendants.

Katherine Cabell Londos, Wooten & Hart, P.C., Roanoke, VA, Robert A. Mullen, Wooten & Hart, Roanoke, VA, Harold A. Ross, Ross & Kraushaar Co., L.P.A., Cleveland, OH, for Brotherhood of Locomotive Engineers, Brotherhood of Maintenance of Way Employees, Defendants.


MEMORANDUM OPINION

TURK, District Judge.

This matter arises from a dispute between railroads and unions concerning the proposed purchase and division of Consolidated Rail Corporation ("Conrail"). The primary dispute is over whether, as the defendant unions propose, the impact on labor of railroad consolidations overseen by the Surface Transportation Board ("STB")1 pursuant to the Interstate Commerce Act ("ICA"), 49 U.S.C. §...

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