Legal Opinion

Brotherhood of Maintenance of Way Employes Division/IBT v. Union Pacific Railroad

Court of Appeals for the Tenth Circuit

Decided August 11, 2006No. 05-1511PublishedCited by 7 opinions

1Opinion of the Court

BRISCOE, Circuit Judge.

Plaintiff Brotherhood of Maintenance of Way Employes Division (BMWED)1 filed *1279this action claiming that defendant Union Pacific Railroad Company (UP) violated the Railway Labor Act (RLA), 45 U.S.C. § 151 et seq. UP moved to dismiss BMWED’s action as a “minor dispute” over which the district court lacked subject matter jurisdiction, and also moved for a preliminary injunction prohibiting BMWED-represented employees from striking. The district court granted UP’s motions, but conditioned the granting of the anti-strike injunction upon the parties submitting their dispute to…

2Cases cited10 opinions

  1. Hawaiian Airlines, Inc. v. NorrisSupreme Court of the United States · 1994
  2. Brotherhood of Railroad Trainmen v. Chicago River & Indiana RailroadSupreme Court of the United States · 1957
  3. Consolidated Rail Corporation v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
  4. Order of Railway Conductors of America v. PitneySupreme Court of the United States · 1946
  5. Brotherhood of Locomotive Engineers v. Missouri-Kansas-Texas RailroadSupreme Court of the United States · 1960

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3Cited by7 opinions

  1. Westar Energy, Inc. v. LakeCourt of Appeals for the Tenth Circuit · 2009
  2. Brotherhood of Locomotive Engineers & Trainmen v. Union Pacific RailroadCourt of Appeals for the Seventh Circuit · 2007
  3. Brotherhood of Maintenance of Way Employes Division v. Burlington Northern Santa Fe Railway Co.Court of Appeals for the Tenth Circuit · 2010
  4. Brotherhood of Maintenance of Way Employes Division/IBT v. Union Pacific RailroadCourt of Appeals for the Tenth Circuit · 2006
  5. Haskew v. Southwest Airlines Co.District Court, D. New Mexico · 2020

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