California State Legislative Board v. Mineta

328 F.3d 605 CALIFORNIA STATE LEGISLATIVE BOARD, United Transportation Union, Petitioner, v. Norman Y. MINETA, Secretary of Transportation; Federal Railroad Administration, Respondents, Association of American Railroads, Intervenor-Respondent. No. 01-71941. United States Court of Appeals, Ninth Circuit. Argued and Submitted February 10, 2003. Filed May 12, 2003. Lawrence M. Mann, Alper & Mann, P.C., Washington, DC, for the petitioner. Peter J. Plocki, U.S. Department of Transportation, Washington, D.C., for the respondents. Michael J. Rush, Association of American Railroads, Washington, D.C., for the intervenor-respondent. On Petition for Review of an Order of the Federal Railroad Administration. No. 01-71941. Before: CANBY, O'SCANNLAIN, and W. FLETCHER, Circuit Judges. CANBY, Circuit Judge. 1 This appeal involves an interpretation of the Hours of Service Laws ("the Act"), by which Congress limited the number of consecutive hours that train employees could be required to remain on duty without a substantial period of rest. The precise issue is whether an otherwise-sufficient rest period is rendered insufficient when it is interrupted by a brief telephone call (a "duty call")…