Brotherhood of Maintenance of Way Employees Division/IBT v. Norfolk Southern Railway Co.

BAUER, Circuit Judge.

The Brotherhood of Maintenance Way Employees (“the Brotherhood”) filed for a permanent injunction to ban Norfolk Southern Railway Company’s (“Norfolk”) use of accident reconstruction reports in employee disciplinary investigations unless Norfolk adheres to additional pre-hearing procedures. The United States District Court for the Northern District of Illinois found that it lacked jurisdiction to grant the Brotherhood’s request and dismissed the action. The Brotherhood appealed.

I. BACKGROUND

The Brotherhood represents members of the maintenance-of-way craft employed by…