Legal Opinion
Brotherhood of Locomotive Engineers v. Burlington Northern Railroad Company
Court of Appeals for the Ninth Circuit
Decided February 11, 1988No. 85-4137PublishedCited by 37 opinions
1Opinion of the Court
PREGERSON, Circuit Judge:
In this appeal, we must decide whether the Railway Labor Act (“RLA”) bars Burlington Northern Railroad Company (“BN”) from unilaterally implementing a mandatory urine testing program designed to restrict alcohol and narcotics use by on-duty railroad workers. The program requires the entire operating crew of a train to submit to urinalysis when the train is involved in a “human factor” accident unless “responsibility [for the accident] is clearly identified.” When responsibility it clearly identified, only those responsible for the accident are tested.
Our resolution of…
2Cases cited23 opinions
- United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
- Fibreboard Paper Products Corp. v. National Labor Relations BoardSupreme Court of the United States · 1964
- O'CONNOR v. OrtegaSupreme Court of the United States · 1987
- Elgin, Joliet & Eastern Railway Co. v. BurleySupreme Court of the United States · 1945
- Brotherhood of Railroad Trainmen v. Jacksonville Terminal Co.Supreme Court of the United States · 1969
18 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Consolidated Rail Corporation v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
- Semore v. PoolCalifornia Court of Appeal · 1990
- Utility Workers of America, Local No. 246, Afl-Cio Jeanette Cintron Alan Rook, Cross-Appellees v. Southern California Edison Company, CrossCourt of Appeals for the Ninth Circuit · 1988
- Air Line Pilots Ass'n, International v. Eastern Air Lines, Inc.Court of Appeals for the D.C. Circuit · 1988
- Railway Labor Executives' Ass'n v. BurnleyCourt of Appeals for the Ninth Circuit · 1988
32 more not listed; retrieve them via the Exa API.