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United States Fifth Circuit


BNSF Ry. Co. v. Bhd. of Maint. of Way Employees, 07-11251

In a labor dispute in which defendant-union sought the production of certain documents by plaintiff-employer, vacatur of National Railroad Adjustment Board's (NRAB) order requiring production of documents is affirmed in part, reversed in part and remanded where: 1) NRAB's failure to make a finding on whether plaintiff acted in violation of the CBA was not an interpretation of the CBA, and remand to NRAB was therefore required; 2) NRAB was within its jurisdiction to order the production of documents; and 3) NRAB did not violate its obligation to interpret the award upon the parties' request.

Appellate Information

  • Decided 11/24/2008
  • Published 11/24/2008

Judges

  • KING, Circuit Judge:, Before KING, DeMOSS and PRADO, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellees:
  • Donald J. Munro (argued), Goodwin Procter, Washington, DC, for plaintiff-appellee., Richard Steven Edelman (argued), O'Donnell, Schwartz & Anderson, Washington, DC, Sanford R. Denison, Baab & Denison, Dallas, TX, for defendant-appellant.
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