United States DC Circuit

Defendant's decision, declining to set aside or modify an arbitration award for workers adversely affected by a rail merger, is reversed. Its finding, that the 1988 merger caused the 1993 Management and Information Services outsourcing, was unsupported.

Appellate Information

• Argued 12/12/2003
• Decided 02/03/2004
• Published 02/03/2004

Judges

• Before:  HENDERSON, ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Clifford A. Godiner argued the cause for petitioner.   With him on the briefs was Rodney A. Harrison., Ronald M. Johnson was on the brief for amicus curiae National Railway Labor Conference in support of petitioner.


• For Appellees:
  
• Marilyn R. Levitt, Attorney, Surface Transportation Board, argued the cause for respondents.   With her on the brief were Robert H. Pate III, Assistant Attorney General, U.S. Department of Justice, John J. Powers and Robert J. Wiggers, Attorneys, Ellen D. Hanson, General Counsel, Surface Transportation Board, and Craig M. Keats, Deputy General Counsel.