United States Sixth Circuit

In a matter arising from a railroad's abolition of petitioners-carmen's positions at a railyard in Ohio, a petition for review of a decision denying petitioners relief under a railroad merger labor protection agreement is denied as a decision upholding an arbitration award survived arbitrary and capricious review because the arbitration panel properly found that petitioners lost their benefits when they refused to fill carmen vacancies in the rail system after theirs were terminated.

Appellate Information

• Decided 02/09/2007
• Published 02/09/2007

Judges

• Before: RYAN, BATCHELDER, and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Mary S. O'Neill, Murray & Murray Co., L.P.A., Sandusky, Ohio, for Petitioners.  Erik Light, Surface Transportation Board, Washington, D.C., for Respondents.  Robert S. Hawkins, Buchanan Ingersoll & Rooney, Philadelphia, Pennsylvania, for Intervenor.   ON BRIEF:  Mary S. O'Neill, Thomas J. Murray, Jr., Murray & Murray Co., L.P.A., Sandusky, Ohio, for Petitioners.  Craig M. Keats, Surface Transportation Board, Washington, D.C., John J. Powers III, Robert J. Wiggers, United States Department of Justice, Washington, D.C., for Respondents.  Robert S. Hawkins, Buchanan Ingersoll & Rooney, Philadelphia, Pennsylvania, for Intervenor.