Brotherhood of Locomotive Engineers & Trainmen, General Committee of Adjustment v. Union Pacific Railroad

HAMILTON, Circuit Judge.

A 1952 collective bargaining agreement still governs aspects of the employment of some members of plaintiff Brotherhood of Locomotive Engineers and Trainmen, including attendance and leave policy. In 2003 defendant Union Pacific Railroad adopted a new attendance policy. The union demanded arbitration under the Railway Labor Act, contending that the new attendance policy .conflicted with the 1952 Agreement. An arbitrator found that Union Pacific’s 2003 attendance policy did not conflict with the 1952 Agreement. The union then sued to vacate the arbitration award. The…