ATCHISON, TOPEKA & SANTA FE RAILWAY CO. v. UNITED TRANSP. UNION

No. 98-10552.

175 F.3d 355 (1999)

ATCHISON, TOPEKA AND SANTA FE RAILWAY CO., Plaintiff-Counter Defendant-Appellant, v. UNITED TRANSPORTATION UNION (CT&Y), Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 10, 1999.


Attorney(s) appearing for the Case

Lawrence M. Stroik, Fort Worth, TX, for Plaintiff-Counter Defendant-Appellant.

Kevin Charles Brodar, United Transportation Union, Cleveland, OH, for Defendant-Counter Claimant-Appellee.

Before KING, Chief Judge, and POLITZ and BENAVIDES, Circuit Judges.


BENAVIDES, Circuit Judge:

Atchison, Topeka and Santa Fe Railway Co. ("Santa Fe") appeals the district court's determination that it lacked any ground to overturn a public law board's award under the Railway Labor Act ("RLA"). We find that the district court properly granted summary judgment to appellee United Transportation Union (CT & Y) ("UTU") and affirm.

Under Federal Railroad Administration ("FRA") guidelines, railroad yardman is a safety-sensitive...

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