United States Ninth Circuit

A petition for review of a decision of the Federal Railroad Administration (FRA) that it lacked jurisdiction to decide whether the Union Pacific Railroad Company had authority under a collective bargaining agreement to designate terminals for a new service the railroad had instituted in California, is denied, where: 1) the FRA can review an agreement to determine what the designated terminals are, but it cannot interpret the agreement to decide how the terminals shall be designated; and 2) the parties' dispute regarded interpretation of the collective bargaining agreement, and it was therefore governed by the resolution procedures of the Railway Labor Act and beyond the adjudicatory powers of the FRA.

Appellate Information

• Decided 05/08/2014
• Published 05/08/2014

Judges

• SCHROEDER

Court

• United States Ninth Circuit

Counsel