Legal Opinion

McClendon v. Union Pacific Railroad

Court of Appeals for the Eighth Circuit

Decided May 19, 2011No. 10-2166PublishedCited by 5 opinions

1Opinion of the Court

LOKEN, Circuit Judge.

Historically, railroad engineers were members of the Brotherhood of Locomotive Engineers and Trainmen (“BLET”); conductors and other trainmen were members of the United Transportation Union (“ÜTU”). Today, with railroad jobs consolidated in a reduced workforce, engineers often work as trainmen and vice versa. But the unions have not merged, and the Railway Labor Act provides that an employee need only be a member of one union while working in any train service capacity. 45 U.S.C. § 152 Eleventh (c). The result is that a member of one union may be disciplined while working…

2Cases cited7 opinions

  1. Union Pacific Railroad v. SheehanSupreme Court of the United States · 1979
  2. Union Pacific R. Co. v. Locomotive Engineers and Trainmen Gen. Comm. of Adjustment, Central RegionSupreme Court of the United States · 2009
  3. Morton M. Hill, Jr. v. Norfolk and Western Railway CompanyCourt of Appeals for the Seventh Circuit · 1987
  4. Brooks v. Union Pacific RailroadCourt of Appeals for the Eighth Circuit · 2010
  5. Marksmeier v. DavieCourt of Appeals for the Eighth Circuit · 2010

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Stokes v. Southern States Cooperative, Inc.Court of Appeals for the Eighth Circuit · 2011
  2. United States Postal Service v. American Postal Workers Union, AFL-CIODistrict Court, D. Minnesota · 2012
  3. Equal Employment Opportunity Commission v. Minnesota Department of CorrectionsCourt of Appeals for the Eighth Circuit · 2011
  4. Union Pacific Railroad Company v. International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART) - Transportation DivisionDistrict Court, D. Nebraska · 2019
  5. Union Pacific Railroad Company v. Intl. Assn. of SMARTCourt of Appeals for the Eighth Circuit · 2021

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