331 F.2d 1020 (D.C. Cir. 1964), 18331, Brotherhood of Locomotive Firemen and Enginemen v. Certain Carriers Represented by Eastern Conference Committees

Docket Nº:18331, 18334.
Citation:331 F.2d 1020
Party Name:BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN et al., Appellants, v. CERTAIN CARRIERS REPRESENTED BY THE EASTERN, et al., CONFERENCE COMMITTEES etal., Appellees. BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN et al., Appellants, v. CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY et al., Appellees. BROTHERHOOD OF LOCOMOTIVE ENGINEERS, Appellant,
Case Date:February 20, 1964
Court:United States Courts of Appeals, Court of Appeals for the District of Columbia Circuit
 
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Page 1020

331 F.2d 1020 (D.C. Cir. 1964)

BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN et al., Appellants,

v.

CERTAIN CARRIERS REPRESENTED BY THE EASTERN, et al., CONFERENCE COMMITTEES etal., Appellees.

BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN et al., Appellants,

v.

CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY et al., Appellees.

BROTHERHOOD OF LOCOMOTIVE ENGINEERS, Appellant,

v.

CERTAIN CARRIERS REPRESENTED BY the EASTERN CARRIERS CONFERENCE COMMITTEES etal., Appellees.

BROTHERHOOD OF LOCOMOTIVE ENGINEERS, Appellant,

v.

UNION PACIFIC RAILROAD et al., Appellees.

Nos. 18331, 18334.

United States Court of Appeals, District of Columbia Circuit.

February 20, 1964

Argued Jan. 31, 1964.

Certiorari Denied April 27, 1964.

See 84 S.Ct. 1181, 1182.

Page 1021

Mr. Lester P. Schoene, Washington, D.C., with whom Mr. Milton Kramer, Washington, D.C., was on the brief, for appellants in Nos. 18, 331 and 18, 332.

Mr. Max Malin, Washington, D.C., for appellant in Nos. 18, 333 and 18, 334.

Mr. David L. Rose, Atty., Dept. of Justice, with whom Asst. Atty. Gen. John W. Douglas, Messrs. J. William Doolittle, Morton Hollander and Howard E. Shapiro, Attys. Dept. of Justice, were on the brief, for appellees The United States, The Attorney General and Members of Arbitration Bd. No. 282.

Mr. Francis M. Shea, Washington, D.C. with whom Messrs. Lawrence J. Latto, Washington, D.C., Richard J. Flynn, Washington, D.C., and J. R. Wolfe, Chicago, Ill., were on the brief, for carrier appellees.

Mr. Leonard B. Boudin, Washington, D.C., filed a brief on behalf of Transport Workers Union of America, AFL-CIO, as amicus curiae, urging reversal.

Before WILBUR K. MILLER, DANAHER and WRIGHT, Circuit Judges.

PER CURIAM.

In the summer of 1963, the appellant unions and the appellee railroads had reached an impasse in their negotiations concerning proposed changes in working conditions, including the question whether firemen should be required on diesel-powered locomotives in freight and yard service. In order to avoid a nation-wide strike which was threatened in consequence, Congress adopted a Joint Resolution, 1 approved August 28, 1963, creating an arbitration board to decide what disposition should be made of the issues about which the parties were unable to agree. The Board's award, said Congress...

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