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UNION PACIFIC R.R. CO. v. SURFACE TRANSP. BD.

No. 02-1340.

358 F.3d 31 (2004)

UNION PACIFIC RAILROAD COMPANY Southern Pacific Transportation Company, Petitioner, v. SURFACE TRANSPORTATION BOARD and United States of America, Respondents. Southern Pacific Empowered Employees Committee, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 3, 2004.

Attorney(s) appearing for the Case

Clifford A. Godiner argued the cause for petitioner. With him on the briefs was Rodney A. Harrison.

Ronald M. Johnson was on the brief for amicus curiae National Railway Labor Conference in support of petitioner.

Marilyn R. Levitt, Attorney, Surface Transportation Board, argued the cause for respondents. With her on the brief were Robert H. Pate III, Assistant Attorney General, U.S. Department of Justice, John J. Powers and Robert J. Wiggers, Attorneys, Ellen D. Hanson, General Counsel, Surface Transportation Board, and Craig M. Keats, Deputy General Counsel.

Before: HENDERSON, ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the court filed by Senior Circuit Judge WILLIAMS.

Separate opinion filed by Circuit Judge HENDERSON concurring in the judgment.

STEPHEN F. WILLIAMS, Senior Circuit Judge:

In an arbitration over benefits for workers adversely affected by a rail merger, the arbitrators decided the core liability issues against the carrier. The Surface Transportation Board declined to set aside or modify the award. The carrier appeals (now in the form of Union...

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