Legal Opinion

Brotherhood of Maintenance of Way Employes Division/IBT v. Consolidated Rail Corp.

District Court, D. New Jersey

Decided June 6, 2011No. Civil Action 10-925 (RMB/JS), 10-926, 10-931, 10-932, 10-934Published

1Opinion of the Court

OPINION

BUMB, District Judge:

This case comes before the Court for review of several arbitration awards issued by the National Railroad Adjustment Board (“NRAB” or the “Board”), involving disputes between plaintiff Brotherhood of Maintenance of Way Employes Division/IBT (“BMWED” or the “Union”) and defendant Consolidated Rail Corporation (“Conrail”). The disputes arise from Conrail’s use of non-Union contractors to perform maintenance of way work at various railroad yard locations in Michigan, Pennsylvania, and New Jersey. The NRAB dismissed the Union’s claims for lack of jurisdiction, finding…

2Cases cited25 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Consolidated Rail Corporation v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
  5. Orsatti v. New Jersey State PoliceCourt of Appeals for the Third Circuit · 1995

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