Rives v. Interstate Commerce Commission

LOGAN, Circuit Judge.

Eight former employees of the Union Pacific Motor Freight Company (petitioners) appeal a decision of the Interstate Commerce Commission (ICC) denying them labor protective conditions following consolidation of three major railroads. Petitioners contend that the ICC erred in determining that they were not entitled to mandatory labor protection under 49 U.S.C. § 11347, and, alternatively, in failing to exercise its discretion to award labor protection benefits under 49 U.S.C. § 11344.

This appeal arises out of the consolidation of three western railroads, the Union Pacific…