Legal Opinion · Dissent

Brotherhood of Railroad Signalmen v. Louisville & Nashville Railroad Company, a Corporation

Court of Appeals for the Seventh Circuit

Decided September 16, 1982No. 81-1697Published

1DissentPosner, Circuit Judge

By our decision today we allow a federal district court to cross the boundary line separating its functions under the minor-dispute provisions of the Railway Labor Act from those of a railroad adjustment board, and to decide a question that is within the board’s exclusive competence to decide because it is a question of the meaning of a collective bargaining agreement. The question is whether “time lost” from work by reason of an improper dismissal includes time during which the employee was collecting disability benefits.

Mr. Choate was dismissed by the Louisville and Nashville Railroad…

2Cases cited7 opinions

  1. Transportation-Communication Employees Union v. Union Pacific RailroadSupreme Court of the United States · 1966
  2. Elgin, Joliet & Eastern Railway Co. v. BurleySupreme Court of the United States · 1946
  3. C. E. Sweeney, Sr. v. Florida East Coast Railway CompanyCourt of Appeals for the Fifth Circuit · 1968
  4. Brotherhood of Railroad Signalmen v. Chicago, Milwaukee, St. Paul & Pacific RailroadDistrict Court, N.D. Illinois · 1968
  5. Steven J. Laday v. Chicago, Milwaukee, St. Paul And Pacific Railroad CompanyCourt of Appeals for the Seventh Circuit · 1970

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