Railway Labor Executives' Association v. Southern Pacific Transportation Company

7 F.3d 902 144 L.R.R.M. (BNA) 2525 , 126 Lab.Cas. P 10,893 RAILWAY LABOR EXECUTIVES' ASSOCIATION; International Association of Machinists, Aerospace Workers, International Brotherhood of Electrical Workers, Plaintiffs-Appellants, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY; Denver & Rio Grande Western Railroad Company, et al., Defendants-Appellees. No. 91-16745. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 14, 1993. Decided Oct. 21, 1993. John O'B. Clarke, Jr., Highsaw, Mahoney & Clarke, P.C., Washington, DC, for plaintiffs-appellants. Wayne M. Bolio, Southern Pacific Transp. Co., San Francisco, CA, for defendants-appellees. Appeal from the United States District Court for the Northern District of California. Before: GOODWIN, HUG, and FLETCHER, Circuit Judges. HUG, Circuit Judge: 1 Defendants-appellees, the Southern Pacific Transportation Company and a number of other railway carriers ("the Railroads") whose merger was approved by the Interstate Commerce Commission ("ICC"), sought to arbitrate the implementation of a plan coordinating their maintenance operations under the labor dispute resolution procedures imposed by the ICC in connection with…