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BURLINGTON NO v. BROTH LOCOMOTIVE ENGINEERS

No. 03-3626.

367 F.3d 675 (2004)

BURLINGTON NORTHERN & SANTA FE RAILWAY CO., Consolidated Rail Corporation, CSX Transportation, Inc., et al., Plaintiffs-Appellants, v. BROTHERHOOD OF LOCOMOTIVE ENGINEERS, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 4, 2004.

Attorney(s) appearing for the Case

Donald J. Munro (argued), Shea & Gardner, Washington, DC, Daniel J. Mohan, Daley & Mohan, Chicago, IL, for Plaintiffs-Appellants.

Michael S. Wolly, Margo Pave (argued), Zwerdling, Paul, Leibig, Kahn, Thompson & Wolly, Washington, DC, for Defendant-Appellee.

Before FLAUM, Chief Judge, COFFEY, and EVANS, Circuit Judges.

FLAUM, Chief Judge.

Six freight rail carriers brought this action under the Railway Labor Act ("RLA") 45 U.S.C. § 151 et seq., seeking injunctive relief against threatened strikes by the Brotherhood of Locomotive Engineers ("BLE"). The BLE threatened to strike in response to the rail carriers' decisions to adopt remote control technology and to employ members of a rival union to operate the remote control devices. The district court concluded that the...

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