Employees of the Butte, Anaconda & Pacific Railway Company, Represented by Brotherhood of Maintenance of Way Employees, Brotherhood of Airline Clerks and Brotherhood of Railway Carmen v. United States of America Interstate Commerce Commission Butte, Anaconda & Pacific Railway Company (Ba & P) Respondent-Intervenor. Employees of the Butte, Anaconda & Pacific Railway Company, Represented by United Transportation Union v. United States of America Interstate Commerce Commission, Employees of the Butte, Anaconda & Pacific Railway Company, Represented by Brotherhood of Maintenance of Way Employees, Brotherhood of Airline Clerks, Brotherhood of Railway Carmen and United Transportation Union v. United States of America, Interstate Commerce Commission

938 F.2d 1009 138 L.R.R.M. (BNA) 2041 EMPLOYEES OF the BUTTE, ANACONDA & PACIFIC RAILWAY COMPANY, represented by Brotherhood of Maintenance of Way Employees, Brotherhood of Airline Clerks and Brotherhood of Railway Carmen, Petitioner, v. UNITED STATES of America; Interstate Commerce Commission; Respondents, Butte, Anaconda & Pacific Railway Company (BA & P) Respondent-Intervenor. EMPLOYEES OF the BUTTE, ANACONDA & PACIFIC RAILWAY COMPANY, represented by United Transportation Union, Petitioner, v. UNITED STATES of America; Interstate Commerce Commission, Respondents. EMPLOYEES OF the BUTTE, ANACONDA & PACIFIC RAILWAY COMPANY, represented by Brotherhood of Maintenance of Way Employees, Brotherhood of Airline Clerks, Brotherhood of Railway Carmen and United Transportation Union, Petitioner, v. UNITED STATES of America, Interstate Commerce Commission, Respondents. Nos. 88-7138, 88-7162 and 89-70504. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 8, 1991. Decided July 10, 1991. David M. McLean, Knight, Dahood, McLean & Everett, Anaconda, Mont., for petitioner. Steven L. Zelinger, U.S. Dept. of Justice, and Dennis Starks, I.C.C.,…