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

FINDINGS OF FACT AND CONCLUSIONS OF LAW

This matter is before the Court on Defendant BNSF Railway, Inc.’s (“BNSF”) Motion for a Preliminary Injunction. After fully reviewing the evidence and the parties’ arguments, the Court finds the following findings of fact and conclusions of law. Any finding of fact that constitutes a conclusion of law is hereby adopted as á conclusion of law, and any conclusion of law that constitutes a finding of fact is hereby adopted as a finding of fact.

I.Findings of Fact

1. BNSF is a major freight railroad operating more than 1,000 trains each day over 32,500 miles of track in twenty-eight states.

2. BMWED is a labor union representing maintenance of way workers, i.e. workers who maintain track, bridges, and other infrastructure.

3. BNSF and BMWED members are parties to multiple collective bargaining agreements, including the 2004 ATSF-BMWED agreement (the “CBA” or “2004 Agreement”).

4. Rule 13 of the 2004 Agreement provides, among other things, that BNSF may not “unjust[ly]” discipline BMWED members. BNSF must also provide BMWED members written notice of any disciplinary investigation and conduct a formal investigation hearing.

5. Rule 14 of…