Opinions of the United 2009 Decisions States Court of Appeals for the Third Circuit

3-24-2009

Brhd of Locomotive v. United Transp Union Precedential or Non-Precedential: Non-Precedential

Docket No. 06-1905

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Recommended Citation "Brhd of Locomotive v. United Transp Union" (2009). 2009 Decisions. Paper 1707. http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1707

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 06-1905

BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN; MARTIN G. CROTHERS; GEORGE H. TOMPKINS,

Appellants

v.

UNITED TRANSPORTATION UNION; NATIONAL RAILWAY LABOR CONFERENCE; CSX TRANSPORTATION, INC.; KANSAS CITY SOUTHERN; NORFOLK SOUTHERN RAILWAY COMPANY; UNION PACIFIC RAILROAD; BURLINGTON NORTHERN SANTA FE

On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civ. No. 04-05491) Honorable Gene E. K. Pratter, District Judge

Argued March 5, 2009

BEFORE: BARRY and GREENBERG, Circuit Judges, and ACKERMAN, District Judge*

(Filed: March 24, 2009)

*The Honorable Harold A. Ackerman, Senior Judge of the United States District Court for the District of New Jersey, sitting by designation. Roland P. Wilder, Jr. (argued) William R. Wilder Baptiste & Wilder, P.C. 1150 Connecticut Ave., N.W. Suite 500 Washington, DC 20036

Attorneys for Appellants

Clinton J. Miller, III (argued) General Counsel United Transportation Union Suite 300 14600 Detroit Ave. Cleveland, OH 44017

Samuel J. Rosenthal Barish Rosenthal 1601 Cherry St. Suite 1320, Three Parkway Philadelphia, PA 19102-0000

Attorneys for Appellee United Transportation Union

Thomas E. Reinert, Jr. (argued) Ralph J. Moore, Jr. Morgan, Lewis & Bockius, LLP 1111 Pennsylvania Ave., N.W. Washington, DC 20004

Attorneys for Appellee Carriers

OPINION OF THE COURT

GREENBERG, Circuit Judge.

2 This matter comes on before this Court on an appeal from a summary judgment

entered in the District Court on February 13, 2006, in this case arising under the Railway

Labor Act,

et seq. The District Court had jurisdiction under

and

(a) and we have jurisdiction under

. We

exercise plenary review on this appeal. See Dilworth v. Metro. Life Ins. Co.,

(3d Cir. 2005). Consequently, we can affirm only if we find that there is no

dispute as to any material fact and appellees are entitled to a judgment as a matter of law.

Exercising plenary review, we are in full accord with the District Court’s

reasoning and result as set forth in its memorandum opinion of February 10, 2006, and,

therefore, we will affirm its order entered February 13, 2006, substantially for the reasons

that the District Court set forth in its comprehensive opinion.

3