International Ass'n of Sheet Metal Air, Rail & Transportation Workers v. BNSF Railway Co.

MEMORANDUM

The Transportation Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers (“Union”), appeals the denial of a preliminary injunction seeking to enjoin BNSF Railway Co. (“BNSF”) from making certain changes to employee availability rules without engaging in the major dispute bargaining process described in Section 6 of the Railway Labor Act. We affirm.

BNSF proposed implementing certain changes with respect to three new inter-divisional services, claiming its actions were authorized by Article IX of the existing collective bargaining agreement (“CBA”). BNSF contends that the proposed terms to which the Union objects, involving turn-removal and predictive work schedules, are encompassed in the “hours on duty” and “other conditions of work” provisions that the carrier may impose in connection with establishing this inter-divisional service under Article IX.

We agree with the district court that BNSF’s actions are arguably authorized by the existing CBA, and thus the Union’s dispute over the terms is appropriately characterized as a “minor” dispute under Consolidated Rail Corporation v. Railway Labor Executives’ Association, 491 U.S.…