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UNITED TRANSP. UNION v. FOXX

No. 11-73258.

750 F.3d 1109 (2014)

UNITED TRANSPORTATION UNION, Petitioner, v. Anthony FOXX, U.S. Secretary of Transportation; U.S. Department of Transportation; Joseph C. Szabo, Administrator of the Federal Railroad Administration; Federal Railroad Administration, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed May 8, 2014.

Attorney(s) appearing for the Case

Lawrence M. Mann (argued), Alper & Mann, PC, Bethesda, MD, for Petitioner.

Joy K. Park (argued), Trial Attorney, Robert S. Rivkin , General Counsel, Paul M. Geier , Assistant General Counsel for Litigation, and Peter J. Plocki , Deputy Assistant General Counsel for Litigation, United States Department of Transportation, Washington, D.C.; Michael T. Haley , Acting Chief Counsel, Thomas J. Herrmann , Assistant Chief Counsel for Safety Law, Rebecca S. Behravesh , Colleen A. Brennan , and Matthew T. Prince , Trial Attorneys, Federal Railroad Administration, Office of the Chief Counsel, Washington, D.C., for Respondents Anthony Foxx, United States Secretary of Transportation; et al.

Before: MARY M. SCHROEDER, JOHN T. NOONAN, and RICHARD R. CLIFTON, Circuit Judges.

OPINION

SCHROEDER, Circuit Judge:

The United Transportation Union petitions for review of a decision of the Federal Railroad Administration ("FRA") that the agency lacked jurisdiction to decide whether the Union Pacific Railroad Company had authority under the Collective Bargaining Agreement to designate terminals for a new service the railroad had instituted in California. The Union had contended that terminals could be designated only through negotiations...

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