Legal Opinion · Concurring in part, dissenting in part
Brotherhood of Maintenance of Way Employees v. CSX Transportation, Inc.
Court of Appeals for the Eleventh Circuit
Decided June 30, 2005No. 03-16318; D.C. Docket 03-00460-CV-J-32-HTSUnpublished
1Concurring in part, dissenting in partBarkett, Circuit Judge
I concur with the majority’s conclusion in Part II.A that BMWE’s claims regarding the quarterly percentage reports are not moot, and its conclusion in Part II.B that BMWE’s claim as to the provision of background information is a “minor dispute” over which we lack jurisdiction. However, I disagree with its holding that BMWE’s quarterly percentage reports claim is also a “minor dispute”. That conclusion rests, in my opinion, on a misreading of the distinction between minor and major disputes laid out in Consolidated Rail Corp. v. Railway Labor Executives’ Ass’n, 491 U.S. 299, 109 S.Ct. 2477,…
2Cases cited8 opinions
- United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
- Elgin, Joliet & Eastern Railway Co. v. BurleySupreme Court of the United States · 1945
- Hawaiian Airlines, Inc. v. NorrisSupreme Court of the United States · 1994
- Consolidated Rail Corporation v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
- Gateway Coal Co. v. United Mine WorkersSupreme Court of the United States · 1974
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