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BROTHERHOOD OF LOCOMOTIVE ENGRS. v. UNION PACIFIC

Nos. 10-3314, 10-3518.

707 F.3d 791 (2013)

BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN, Petitioner-Appellee/Cross-Appellant, v. UNION PACIFIC RAILROAD CO., Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 13, 2013.

Attorney(s) appearing for the Case

Margo Pave (argued), Attorney, Zwerdling, Paul, Kahn & Wolly, Washington, DC, for Petitioner-Appellee/Cross-Appellant.

Clifford A. Godiner (argued), Attorney, Thompson Coburn LLP, St. Louis, MO, for Respondent-Appellant/Cross-Appellee.

Before POSNER, FLAUM, and WILLIAMS, Circuit Judges.

POSNER, Circuit Judge.

Employment disputes involving collective bargaining agreements in the railroad industry are generally resolved by an arbitral body called the National Railroad Adjustment Board. Before taking a grievance to the Adjustment Board, the employee or his union must exhaust the employer's internal grievance procedures. 45 U.S.C. § 153 First (i). But if those procedures fail to resolve the dispute, either can refer it to the Board by submitting...

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