Legal Opinion
United Transportation Union, Pennsylvania State Legislative Board v. Pennsylvania Public Utility Commission
Commonwealth Court of Pennsylvania
Decided May 20, 2013PublishedCited by 16 opinions
1Opinion of the Court
*1030OPINION BY
Judge SIMPSON.
This appeal involves a 1975 order issued by the Public Utility Commission (PUC) that requires Norfolk Southern Railway Corporation (Norfolk Southern) to employ two brakemen around the clock to prevent “run outs”1 of rail cars. We are asked whether the 1975 order is preempted by the Federal Railroad Safety Act of 1970, 49 U.S.C. §§ 20101-20167, (FRSA), and Federal Railroad Administration (FRA) regulations. The Pennsylvania State Legislative Board of the United Transportation Union (Union) contends the 1975 order does not cover the same subject as federal law and remains…
2Cases cited32 opinions
- Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- Thompson Coal Co. v. Pike Coal Co.Supreme Court of Pennsylvania · 1979
- Sprietsma v. Mercury MarineSupreme Court of the United States · 2002
- Norfolk Southern Railway Co. v. ShanklinSupreme Court of the United States · 2000
27 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- New Hope Academy Charter School v. School District of the City of YorkCommonwealth Court of Pennsylvania · 2014
- Romeo v. Pennsylvania Public Utility CommissionCommonwealth Court of Pennsylvania · 2017
- Antwan Buchanan v. United StatesDistrict of Columbia Court of Appeals · 2017
- Dutch Corner Historical Society v. StahlCommonwealth Court of Pennsylvania · 2013
- Gateway Health Plan, Inc. v. Department of Human ServicesCommonwealth Court of Pennsylvania · 2017
11 more not listed; retrieve them via the Exa API.