American Train Dispatchers Association v. Interstate Commerce Commission and United States of America, Csx Transportation, Inc., Intervenor

*844Opinion for the court filed by Circuit Judge ROGERS.

Opinion dissenting in part filed by Circuit Judge WALD.

ROGERS, Circuit Judge:

Petitioner American Train Dispatchers Association (the “Union”) seeks review of three orders of the Interstate Commerce Commission concerning the interpretation of Article I, § 5(a) of the New York Dock conditions, designed to protect employees affected by railroad consolidations. The Union challenges both the Commission’s initial orders requiring submission of the dispute to arbitration, and the Commission’s affirmance of the arbitrator’s decision that the carrier…