Richard M. McQuestion v. New Jersey Transit Rail Operations, Inc., Louis A. Hart v. New Jersey Transit Rail Operations, Inc.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal, we hold that under the Railway Labor Act, 45 U.S.C. § 151 et seq., grievances arising from the discharges of two employees should be arbitrated by the National Railroad Adjustment Board. We conclude that, despite the absence of a formally ratified collective bargaining agreement, a de facto agreement existed and that the Adjustment Board erred in declining to exercise jurisdiction over the grievances. Accordingly, we will reverse the district court’s judgment sustaining the Adjustment Board’s position.

Police Officers Richard M.…