Consolidated Rail Corporation v. American Train Dispatchers Association

OPINION OF THE COURT

SEITZ, Chief Judge.

The American Train Dispatchers Association (ATDA) appeals from an order of the district court vacating two awards of the National Railroad Adjustment Board, Third Division (NRAB), for want of jurisdiction in the Board, and enforcing a third award in which the NRAB found that it lacked subject matter jurisdiction over the claim. This court has jurisdiction to review the district court’s order under 28 U.S.C. § 1291.

I

Faced with the possible cessation of freight railroad operations in the Northeast and Midwest following the bankruptcies of the Penn Central…