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UNION R. CO. v. UNITED STEELWORKERS OF AMERICA

Nos. 97-3680, 98-6511.

242 F.3d 458 (2001)

UNION RAILROAD COMPANY, v. UNITED STEELWORKERS OF AMERICA; United Steelworkers of America — District 10; United Steelworkers of America — Local 3263, Appellants, United Steelworkers of America, AFL-CIO-CLC, Petitioner, v. United States of America; and Surface Transportation Board, Respondents, Union Railroad Company ("URR") and Bessemer and Lake Erie Railroad Company ("B&LE"), Intervenors.

United States Court of Appeals, Third Circuit.

Filed March 1, 2001.

Attorney(s) appearing for the Case

Jeffrey S. Berlin (Argued), Mark E. Martin, Sidley & Austin, Washington, DC, Attorneys for Appellee/Intervenors.

David R. Jury (Argued), Assistant General Counsel, Pittsburgh, PA, Attorney for Appellants/Petitioner.

Robert J. Wiggers, John J. Powers, III, United States Department of Justice Antitrust Division, Washington, DC, Attorneys for Respondent.

Henri F. Rush, General Counsel, Theodore K. Kalick (Argued), Surface Transportation Board Office of General Counsel, Washington, DC, Attorneys for Surface Transportation Board Respondent.

Before GREENBERG, NYGAARD and ROTH, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge:

These consolidated cases present the question whether a federal district court has subject matter jurisdiction to adjudicate challenges to changes to a collective bargaining agreement, made in connection with a rail merger authorized by the Surface Transportation Board (STB). The District Court and the STB concluded that the latter has exclusive authority to resolve...

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