Brown v. Maryland & Pennsylvania Railroad

CIRILLO, President Judge Emeritus,

concurring:

I agree with the ultimate result reached by the majority. I write separately, however, to offer an additional reason why the Adamson Act, 45 U.S.C.A. §§ 65-66, does not apply solely to instances where a collective bargaining agreement is in existence.

Unlike the Railway Labor Act, 45 U.S.C.A. §§ 151-188, which was enacted to “eliminate the crippling effect of labor disputes that threaten railway interstate commerce,” Espinosa v. Norfolk and Western Railway Co., 946 F.2d 894 (6th Cir.1991), the Adamson Act (the Act) was enacted as a governmental…