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Administrative Law Keyed to Schwartz
ICC v. Brotherhood of Locomotive Engineers
Citation:
482 U.S. 270 (1987)Facts
In 1982, the ICC approved Union Pacific’s acquisition of Missouri Pacific and Western Pacific railroads, and granted trackage rights to MKT and DRGW over certain sections of track. The trackage rights applications explicitly stated that MKT and DRGW would use their own crews. The ICC imposed standard labor protective conditions but did not specifically address crew selection. After the transactions were consummated and the tenant railroads began operations with their own crews, the labor unions filed a petition for clarification, arguing that the ICC had not authorized the use of tenant railroads’ crews. The ICC denied the petition, stating that its approval of the applications authorized such operations. The unions then sought reconsideration, arguing that the tenant railroads’ crewing practices violated labor protective conditions, the Railway Labor Act, and collective bargaining agreements. The ICC denied reconsideration, explaining that its approval exempted the railroads from conflicting laws under 49 U.S.C. §11341(a). The unions petitioned for judicial review, and the D.C. Circuit vacated the ICC’s orders, holding that the ICC needed to explain why exemption from the RLA was necessary.
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