United Transportation Union v. Ray Lahood

The United Transportation Union petitions for review of a decision of the Federal Railroad Administration (“FRA”) that the agency lacked jurisdiction to decide whether the Union Pacific Railroad Company had authority under the Collective Bargaining Agreement to designate terminals for a new service the railroad had instituted in California. The Union had contended that terminals could be designated only through negotiations, while the Railroad had taken the position that after negotiations failed, the Agreement authorized it to designate terminals unilaterally on a trial basis.

The FRA concluded it lacked jurisdiction to resolve the dispute because it did not have statutory authority to interpret collective bargaining agreements. The Union does not disagree with that principle of law, but contends that in this case, “interpretation” of the Agreement was not required because a cursory “review” establishes that the new terminal is not a designated terminal.

The Collective Bargaining Agreement is unquestionably relevant. Congress has attempted to clarify that the designation of terminals is to be determined by collective bargaining agreements, 49 U.S.C. § 21101 (1);…