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BROTHERHOOD OF LOCOMOTIVE ENG'RS v. CSX TRANSP.

No. 05-14959.

455 F.3d 1313 (2006)

BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN GENERAL COMMITTEE OF ADJUSTMENT CSX TRANSPORTATION NORTHERN LINES, Plaintiff-Counter-Defendant-Appellee, v. CSX TRANSPORTATION, INC., Defendant-Counter-Defendant-Appellee, and United Transportation Union Baltimore & Ohio System C-T&E, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 14, 2006.

Attorney(s) appearing for the Case

Kevin C. Brodar, Clinton Joseph Miller, III, Gen. Counsel, United Transp. Union, Lakewood, OH, for Appellant.

Richard Steven Edelman, O'Donnell, Schwartz & Anderson, P.C., Ronald Maurice Johnson, Nilufer Loy, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, DC, Stanley Maurice Weston, Charles M. Trippe, Moseley, Prichard, Parrish, Knight & Jones, Jacksonville, FL, for Appellees.

Before TJOFLAT, BARKETT and GOODWIN, Circuit Judges.

GOODWIN, Circuit Judge:

This is an appeal from a summary judgment which set aside a Railway Labor arbitration award. We reverse and remand.

BACKGROUND

Recent mergers of railway carriers, combined with revisions of routes, and modernization of equipment, created three pools of qualified and available railroad employees seeking selection to engine crews on the Northern Lines of CSX Transportation, Inc. ("CSXT") and three mutually inconsistent and competitive...

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