Brotherhood of Railroad Trainmen v. Chicago, Milwaukee, St. Paul and Pacific Railroad Company (Lines East)
Brotherhood of Railroad Trainmen v. Chicago, Milwaukee, St. Paul and Pacific Railroad Company (Lines East)
Opinion of the Court
This is another “manifestation of a litigation syndrome that seems to keep the railroads and various governmental entities in the courts on an ancient issue.” Brotherhood of Railroad Trainmen v. Chicago, Milwaukee, St. Paul & Pacific Railroad Co., 127 U.S.App.D.C. -, -, 380 F.2d 605, 607 (Nos. 19,-867, 20,003-04, decided May 19, 1967). Issues raised in these appeals have been before this court previously in Brotherhood of Railroad Trainmen v. Chicago, Milwaukee, St. Paul & Pacific Railroad Co., ibid., and Brotherhood of Railroad Trainmen v. St. Louis Southwestern Railway Co. et al., 127 U.S.App.D.C. -, 380 F.2d 603, 604 (Nos. 20,212-13, decided May 19, 1967). Our prior opinions are controlling and dispositive of these issues and there is no need to supplement those opinions.
In addition, however, Appellant Brotherhood raises a new claim in these appeals. It now contends that the hearing before the Special Board of Adjustment did not afford it due process of law because of certain alleged procedural irregularities not heretofore considered.
the alleged procedural irregularities, considered singly or together, did not deprive the B.R.T. of the minimum essentials of a full and fair hearing.
We have previously upheld the Board determination that due process was not
Affirmed.
. Specifically the union claims that it was impossible to decide the job assignments in 60 days; that the hearing held in the company offices was inherently unfair and offered little time or space for interviews with witnesses; that there was a failure to allow a reasonable time to submit written exhibits; that the “referee” was not neutral; and that the “findings” were prepared by the company and submitted to the referee for approval.
Dissenting Opinion
(dissenting).
Public Law 88-108
In these cases appellant makes the additional point that the local board deprived it of the minimum essentials of a full and fair hearing in that, among other things, it was denied a reasonable opportunity to prepare its case, to call witnesses, and to conduct cross-examination. The company, of course, argues that the board hearing was full and fair. Since, in violation of Section 7 of the Railway Labor Act
I respectfully dissent.
. 77 Stat. 132 (1963), 45 U.S.C. § 157 (1964).
. 45 U.S.C. § 157 (1964).
Reference
- Full Case Name
- BROTHERHOOD OF RAILROAD TRAINMEN, Appellant, v. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY (LINES EAST) Et Al., Appellees
- Cited By
- 1 case
- Status
- Published