Legal Opinion

United Transportation Union v. Interstate Commerce Commission and United States of America, Norfolk and Western Railway Company, Intervenor

Court of Appeals for the D.C. Circuit

Decided January 10, 1995No. 93-1639PublishedCited by 10 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Petitioner challenges an ICC decision vacating an arbitration board’s awards of protective pay allowances to railway employees who refused to exercise their seniority to take jobs at other locations after their prior jobs were abolished. We deny the petition.

I

The ICC is required under the Interstate Commerce Act (ICA), 49 U.S.C. § 11347 (1988), to condition its approval of railroad merger agreements on the inclusion of “fair and equitable” arrangements to protect employee interests. This case involves…

2Cases cited13 opinions

  1. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  2. United Steelworkers v. Enterprise Wheel & Car Corp.Supreme Court of the United States · 1960
  3. United Steelworkers v. American Manufacturing Co.Supreme Court of the United States · 1960
  4. United States v. L. A. Tucker Truck Lines, Inc.Supreme Court of the United States · 1952
  5. B. J. Diamond v. Terminal Railway Alabama State Docks, an Agency of the State of AlabamaCourt of Appeals for the Fifth Circuit · 1970

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3Cited by10 opinions

  1. Association of Oil Pipe Lines v. Federal Energy Regulatory Commission, Kaneb Pipe Line Operating Partnership, L.P., IntervenorsCourt of Appeals for the D.C. Circuit · 1996
  2. Pub Util Cmsn St CA v. FERCCourt of Appeals for the D.C. Circuit · 2001
  3. Union Pacific Railroad v. Surface Transportation BoardCourt of Appeals for the D.C. Circuit · 2004
  4. Public Utilities Commission v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2001
  5. Timothy W. Black and Thomas K. Sorge v. Surface Transportation Board and United States of America, Grand Trunk Western Railroad, IntervenorCourt of Appeals for the Sixth Circuit · 2007

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