Larry E. Collins John K. Grauberger Phil J. Chapple v. Burlington Northern Railroad Company

Plaintiffs appeal the district court’s order dismissing their case for lack of jurisdiction due to failure to exhaust administrative remedies. We have jurisdiction to hear this appeal under 28 U.S.C. § 1291, and we affirm.

In 1980, Burlington Northern Railroad Company (BN) merged with the St. Louis-San Francisco Railway. This merger, commonly referred to as the "Frisco Merger,” was approved by the Interstate Commerce Commission (ICC) pursuant to 49 U.S.C. § 11347. 1 In approving this merger, the ICC imposed certain employee protective benefits, commonly known as the “New York Dock ”…