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BNSF RAILWAY v. INTERNATIONAL ASS'N OF SHEET METAL

No. 4:22-cv-0052-P.

586 F.Supp.3d 528 (2022)

BNSF RAILWAY COMPANY, Plaintiff, v. INTERNATIONAL ASSOCIATION OF SHEET METAL, AIR, RAIL AND TRANSPORTATION WORKERS — TRANSPORTATION DIVISION et al., Defendants.

United States District Court, N.D. Texas, Fort Worth Division.

Signed February 22, 2022.

Attorney(s) appearing for the Case

David M. Pryor , Bnsf Railway Co., Russell D. Cawyer , Taylor J. Winn , Kelly Hart & Hallman LLP, Fort Worth, TX, Donald J. Munro , Jones Day, Washington, DC, for Plaintiff.

Sanford R. Denison , Baab & Denison LLP, Dallas, TX, Erika A. Diehl-Gibbons , Pro Hac Vice, Kevin C. Brodar , Shawn M. McKinley , United Transportation Union, North Olmsted, OH, for Defendant International Association of Sheet Metal Air Rail and Transportation Workers.

Dimitre James Petroff , Pro Hac Vice, Joshua David McInerney , Wentz McInerney Peifer & Petroff LLC, Powell, OH, Rod Tanner , Tanner and Associates PC, Fort Worth, TX, for Defendant Brotherhood of Locomotive Engineers and Trainmen.

OPINION & ORDER

This case arises under the Railway Labor Act ("RLA"). At issue is whether Plaintiff BNSF Railway Company's ("BNSF") unilateral implementation of the High Visibility ("Hi Viz") attendance standard is a "major" or "minor" labor dispute. Whether the Hi Viz attendance standard...

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