United States Ninth Circuit
Brotherhood of Maintenance of Way Employes Division v. BNSF Railway, Inc., 15-56556
In a labor action, the district court's judgment in favor of defendant employer is affirmed where: 1) the test for distinguishing between major and minor disputes under the Railway Labor Act, 45 U.S.C. sections 151-188, set out in Consolidated Rail Corp. v. Railway Labor Executives. Ass'n, 491 U.S. 299. 307 (1989), applies when a labor union alleges that an employer illegally retaliated against an employee attempting to file grievances; and 2) the district court correctly categorized the dispute here as a minor dispute subject to mandatory arbitration.
Appellate Information
- Published 2016/08/24
Judges
- M. SMITH
Court
- United States Ninth Circuit