Thompson v. New York Central Railroad

I agree with that part of the majority’s opinion which affirms the denial of a preliminary injunction. I concur with the majority’s dismissal of the Labor Management Reporting and Disclosure Act count on a different ground, but I would go further and dismiss that portion of the complaint as to all defendants. And I dissent from that' portion of the opinion which remands the Railway Labor Act count to the National Railroad Adjustment Board (NRAB).

I. The Railway Labor Act Count

In my opinion, the majority’s disposition of this count is a serious departure from the trend of decisions in most…