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BROTHERHOOD MAINT. v. BNSF RY., INC.

Nos. 15-56556, 16-55070.

834 F.3d 1071 (2016)

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES DIVISION/IBT, Plaintiff-Appellant, v. BNSF RAILWAY, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 24, 2016.

Attorney(s) appearing for the Case

Richard S. Edelman (argued) and Matthew D. Watts , Mooney, Green, Saindon, Murphy & Welch, P.C., Washington, D.C., for Plaintiff-Appellant.

David M. Pryor (argued) and Andrea L. Hyatt , BNSF Railway Company, Forth Worth, Texas; Donald J. Munro , Jones Day, Washington, D.C.; for Defendant-Appellee.

Before: MILAN D. SMITH, JR. and JACQUELINE H. NGUYEN, Circuit Judges, and CLAUDIA WILKEN, Senior District Judge.

OPINION

In this appeal, we decide whether the test for distinguishing between major and minor labor disputes pursuant to the Railway Labor Act (RLA), 45 U.S.C. §§ 151-188, applies when a labor union alleges that an employer illegally retaliated against an employee attempting to file grievances. We hold...

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