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BURLINGTON NORTHERN & SANTE FE RY. v. PUC

No. C041233.

5 Cal.Rptr.3d 503 (2003)

112 Cal.App.4th 881

THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY et al., Petitioners, v. PUBLIC UTILITIES COMMISSION, Respondent, United Transportation Union, Real Party in Interest.

Court of Appeals of California, Third District.

October 21, 2003.

Attorney(s) appearing for the Case

Crosby, Heafey, Roach & May, Joseph P. Mascovich, Michael L. Whitcomb, Monterey Park, W. Douglas Werner, David M. Pryor and Carol A. Harris, San Francisco, for Petitioners.

Carrie Pratt, Gary M. Cohen, Mary F. McKenzie, Dale A. Holzschuh and James S. Rood, San Francisco, for Respondent.

Hildebrand, McLeod & Nelson and Frederick L. Nelson, Oakland, for Real Party in Interest.

NICHOLSON, J.

Labor Code section 6906, subdivision (b) requires service as a brakeman before an employee becomes a conductor.1 Acting on a report by the United Transportation Union (Union), the California Public Utilities Commission (PUC) determined that two railroad companies, Burlington Northern and Santa Fe Railway Company and Union Pacific Railway Company (Railroads), were violating section 6906, subdivision (b).2...

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