Order of Railway Conductors and Brakemen and Brotherhood of Railroad Trainmen v. Clinchfield Railroad Company

COMBS, Circuit Judge.

The Order of Railway Conductors and Brakemen and the Brotherhood of Railroad Trainmen filed this action to impeach an award under Section 9 of the Railway Labor Act, 45 U.S.C. § 159. Defendant-appellant, Clinchfield Railroad Company, moved to dismiss the action as beyond the court’s jurisdiction. The district court denied the railroad’s motion and entered summary judgment, granting the relief sought by the unions. This appeal followed.

The controversy concerns the railroad’s rights with regard to the “pooling of cabooses.” It had been a longstanding custom of Clinchfield…