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BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY v. BROTHERHOOD OF MAINTENANCE

No. 01-10538.

286 F.3d 803 (2002)

BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY; Consolidated Rail Corporation; CSX Transportation, Inc.; Kansas City Southern Railway Company; Norfolk Southern Railway Company; Union Pacific Railroad Company, Plaintiffs-Counter Defendants-Appellees, v. BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, Defendant-Counter Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 4, 2002.

Attorney(s) appearing for the Case

Ralph Joseph Moore, Jr., Donald J. Munro (argued), Ross E. Davies, Shea & Gardner, Washington, DC, Rick G. Sorenson, Richard C. DeBerry, McDonald Sanders, Fort Worth, TX, for Plaintiffs-Counter Defendants-Appellees.

Richard Steven Edelman (argued), O'Donnell, Schwartz & Anderson, Washington, DC, Sanford R. Denison, Baab & Denison, Dallas, TX, for Defendant-Counter Claimant-Appellant.

Before SMITH and DeMOSS, Circuit Judges, and DUPLANTIER, District Judge.

JERRY E. SMITH, Circuit Judge:

I.

A union appeals an injunction issued under the Railway Labor Act ("RLA"). The six appellee railroad carriers have obtained, on summary judgment, an injunction against appellant Brotherhood of Maintenance of Way Employees ("BMWE") requiring it to give ten days' notice before initiating a "strike, work stoppage, picketing or other self help" against any of the carriers. Burlington N., Santa Fe Ry. v. BMWE,

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