Brotherhood of Maintenance of Way Employes Division/IBT v. BNSF Railway, Inc.

Good Law
834 F.3d 1071·2016 WL 4446116·207 L.R.R.M. (BNA) 3098·2016 U.S. App. LEXIS 15571
United States Court of Appeals for the Ninth CircuitAugust 24, 201615-56556, 16-55070California2,738 words

Opinion

Opinion

Smith, J.

In this appeal, we decide whether the test for distinguishing between major and minor labor disputes pursuant to the Railway Labor Act (RLA), 45 U.S.C. §§ 151-188 , applies when a labor union alleges that an employer illegally retaliated against an employee attempting to file grievances. We hold that the test does apply, and that the district court correctly categorized the dispute in this case as minor, and subject to mandatory arbitration.

FACTS AND PRIOR PROCEEDINGS

BNSF Railway, Inc. (BNSF) is a major freight railroad in North America. Brotherhood of Maintenance of Way Employes Division/IBT (BMWED) is a labor union representing workers who maintain railway track infrastructure. Bobby Tindell is a senior track supervisor in Needles, California, who is employed by BNSF and represented by BMWED. As a senior employee, Tindell is entitled to be given preference for overtime assignments, which are to be awarded based on seniority.

In 2015, Tindell became concerned that more junior employees were being offered overtime shifts that should have been first offered to him. Under the collective bargaining agreement (CBA) that governs the parties in this dispute, when a senior…

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