Legal Opinion

Brotherhood of Locomotive Engineers & Trainmen v. BNSF Railway Co.

Court of Appeals for the Tenth Circuit

Decided December 9, 2013No. 19-4047UnpublishedCited by 3 opinions

1Opinion of the Court

ORDER AND JUDGMENT *

SCOTT M. MATHESON, JR., Circuit Judge.

BNSF Railway Company appeals the district court’s enforcement of an arbitration order issued by the National Railroad Adjustment Board (“NRAB”). See 45 U.S.C. § 158 First (p). BNSF contends the NRAB’s award was unenforceable due to ambiguity about whether an award of back pay was subject to offset (i.e., reduction for outside compensation received), and thus the district court should have remanded the case to the NRAB for resolution. We perceive no ambiguity and accordingly affirm the district court’s judgment.

I. Background

John W.…

2Cases cited13 opinions

  1. Consolidated Rail Corporation v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
  2. Union Pacific R. Co. v. Locomotive Engineers and Trainmen Gen. Comm. of Adjustment, Central RegionSupreme Court of the United States · 2009
  3. Gunther v. San Diego & Arizona Eastern Railway Co.Supreme Court of the United States · 1966
  4. B. J. Diamond v. Terminal Railway Alabama State Docks, an Agency of the State of AlabamaCourt of Appeals for the Fifth Circuit · 1970
  5. Brotherhood of Maintenance of Way Employees v. Burlington Northern Railroad CompanyCourt of Appeals for the Seventh Circuit · 1994

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3Cited by3 opinions

  1. ['GILMAN v. U.S. DEPARTMENT OF HOMELAND SECURITY']District Court, District of Columbia · 2014
  2. Air Line Pilots Association International v. Federal Express CorporationDistrict Court, District of Columbia · 2015
  3. International Association of Sheet Metal, Air, Rail and Transportation Workers, Transportation Division v. Norfolk Southern Railway CompanyDistrict Court, N.D. Ohio · 2025

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