Legal Opinion
Consolidated Rail Corp. v. Brotherhood of Maintenance of Way Employees
Court of Appeals for the Second Circuit
Decided June 5, 1986No. 1379, Docket 86-7289PublishedCited by 8 opinions
1Per curiam
In April 1984, the Brotherhood of Maintenance of Way Employees (“BMWE” or the “Union”) notified the Maine Central Railroad and the Portland Terminal Company that the Union wished to negotiate changes in wages and working conditions, pursuant to the Railroad Labor Act (“RLA”), 45 U.S.C. § 151 et seq. After almost two years of negotiations, BMWE exhausted the elaborate bargaining procedures mandated by 45 U.S.C. §§ 155, 156. The Union subsequently commenced a lawful strike against the railroads and their parent company, Guilford Transportation Industries (“Guilford”).
To enhance the bargaining…
2Cases cited5 opinions
- Brotherhood of Railroad Trainmen v. Jacksonville Terminal Co.Supreme Court of the United States · 1969
- Chicago & North Western Railway Co. v. United Transportation UnionSupreme Court of the United States · 1971
- Central Vermont Railway, Inc. v. Brotherhood of Maintenance of Way EmployeesCourt of Appeals for the D.C. Circuit · 1986
- Western Maryland RR. v. System Board of AdjustmentDistrict Court, D. Maryland · 1979
- Brotherhood of Maintenance of Way Employees v. Ass'n of American RailroadsDistrict Court, District of Columbia · 1986
3Cited by8 opinions
- The Long Island Railroad Company v. International Association of MacHinists Metro-North Commuter Railroad Company v. International Association of MacHinists & Aerospace Workers ("Iam"), Nj Transit Rail Operations, Inc., an Instrumentality of the State of New Jersey v. The Brotherhood of Railroad Signalmen, an Unincorporated Association, National Railroad Passenger Corporation v. American Railway & Airway Supervisors Association, F. Ferlin, Jr., President, American Railway and Airway Supervisors Association, A.A. D'allesandso, System General Chairman, American Railway and Airway Supervisors Association, J.N. Fountain, President and General Chairman, (Obs)-Lodge 5093, American Railway and Airway Supervisors Association, E.J. Gutowski, General Chairman (Mw), American Railway and Airway Supervisors Association, Sherman E. Jennings, Vice President and Vice General Chairman, Arasa Lodge 5093, American Railway and Airway Supervisors Association, Amtrak Service Workers Council, J.M. Parker, Chairman, Amtrak Service Workers Council, E. Monroe, Vice Chairman, Amtrak Service Workers Council, J. Czuczman, Vice Chairman, Amtrak Service Workers Council, American Train Dispatchers Association, R.J. Irvin, President, American Train Dispatchers Association, W.A. Clifford, Vice President, American Train Dispatchers Association, R.A. Verdi, General Chairman, American Train Dispatchers Association, Brotherhood of Locomotive Engineers, L.D. McFather President, Brotherhood of Locomotive Engineers, R.P. McLaughlin First Vice President, Brotherhood of Locomotive Engineers, D.L. Lindsey, Vice President, Brotherhood of Locomotive Engineers, G.R. Debolt, Vice President, Brotherhood of Locomotive Engineers, R.E. Wiggins, Acting General Chairman, Brotherhood of Locomotive Engineers, Brotherhood of Maintenance of Way Employees, G.N. Zeh, President, Brotherhood of Maintenance of Way Employees, W.E. Larue, Vice President, Brotherhood of Maintenance of Way Employees, J.P. Cassese, Sr., General Chairman, Brotherhood of Maintenance of Way Employees, J. Dodd, General Chairman, Brotherhood of Maintenance of Way Employees, J.J. Davison, General Chairman, Brotherhood of Maintenance of Way Employees, Brotherhood of Railroad Signalmen, V.M. Speakman, President, Brotherhood of Railroad Signalmen, W.A. Radziewicz, Vice President, R.E. McKenzie General Chairman, Brotherhood of Railroad Signalmen, International Association of MacHinists W. Winpisinger, International President, International Association of MacHinists J. Peterpaul, General Vice President, International Association of MacHinists J.E. Burns, Jr., President and Directing General Chairman, International Association of MacHinists E.B. Kostakis, President and Directing General Chairman, International Association of MacHinists International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Mr. Alan M. Scheer, International Representative, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, C.W. Jones, International President, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, International Brotherhood of Electrical Workers, John J. Barry, International President, International Brotherhood of Electrical Workers, E.P. McEntee International Vice President, International Brotherhood of Electrical Workers, P.A. Puglia, General Chairman, International Brotherhood of Electrical Workers, J.A. McAteer International Brotherhood of Electrical Workers, International Representative, International Brotherhood of Firemen and Oilers, J.L. Walker, International President, International Brotherhood of Firemen and Oilers, G.J. Francisco, Jr., General Chairman and International Vice President, International Brotherhood of Firemen and Oilers, Joint Council of Carmen, Helpers, Coach Cleaners Apprentices, J.E. Allred, Vice President, Brotherhood of Railroad Carmen, J. Czuczman, Chairman, International Brotherhood of Firemen and Oilers, Railroad Yardmasters of America, J.C. Thomas, Vice President & General Chairman, Railroad Yardmasters of America, J.L. Roy, Assistant to President, Director, Railroad Yardmasters of America, Sheet Metal Workers International Association, H.W. Randolph, Jr., General Chairman, Transportation Communications Union, United Transportation Union, F.A. Hardin, President, United Transportation Union, L.R. Davis, Vice President, United Transportation Union, W.A. Beebe, General Chairman, United Transportation Union, C.P. Jones, General Chairman, United Transportation Union, S.F.A. McGregor (Stewards), General Chairman, United Transportation Union, E.J. Carlough, International President, Sheet Metal Workers International Association, D.C. Buchanan, Director of Railroads, Sheet Metal Workers International Association, C.J. Welch, General Chairman, Sheet Metal Workers International Association, Transportation Communications Union, R.I. Kilroy, International President, Transportation Communications Union, R.A. Scardelletti, Transportation Communications Union, International Vice President, J.M. Parker, General Chairman, Transportation Communications Union, Larry J. Wotaszak, Vice President, United Transportation UnionCourt of Appeals for the First Circuit · 1989
- United Air Lines, Inc. v. Airline Division, International Brotherhood of TeamstersCourt of Appeals for the Second Circuit · 1989
- Long Island Railroad v. International Ass'n of MachinistsCourt of Appeals for the Second Circuit · 1989
- AMR Services Corp. v. International Brotherhood of TeamstersDistrict Court, E.D. New York · 1987
- Consolidated Rail Corporation v. Brotherhood Of Maintenance Of Way EmployeesCourt of Appeals for the Second Circuit · 1986
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