Brotherhood of Locomotive Engi v. Union Pacific Railroad Compan

Justia Dockets & Filings Seventh Circuit U.S. Court of Appeals, Seventh Circuit Brotherhood of Locomotive Engi v. Union Pacific Railroad Compan

Brotherhood of Locomotive Engi v. Union Pacific Railroad Compan

Plaintiff - Appellee:	BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN, a Division of the Rail Conference of the International Brotherhood of Teamsters
Defendant - Appellant:	UNION PACIFIC RAILROAD COMPANY
Case Number:	10-3314
Filed:	October 5, 2010
Court:	U.S. Court of Appeals, Seventh Circuit
Nature of Suit:	Railway Labor Act

Opinions

We have the following opinions for this case:

Date Filed	Description
February 13, 2013	Bhd of Locomotive Eng'rs & Trainment v. Union Pac. R.R. Co.

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Date Filed	Document Text
February 13, 2013	Filing 701937395 Filed opinion of the court by Judge Posner. Although no formal petition for mandamus has been filed, we can treat the notice of appeal as a petition for mandamus. We VACATE the striking of the earnings-offset provision of the award, and that leaves us with the district court's order remanding to the Board to determine whether Narron had earned any money during the layoff period. The district court exceeded its authority in dismissing the petition to review the Board's award and we must order the court to vacate its dismissal along with its order remanding the case to the Board. Richard A. Posner, Circuit Judge; Joel M. Flaum, Circuit Judge and Ann Claire Williams, Circuit Judge. [6464058-1] [6464058] [10-3314, 10-3518]

Date Filed

Document Text

February 13, 2013

Filing 701937395 Filed opinion of the court by Judge Posner. Although no formal petition for mandamus has been filed, we can treat the notice of appeal as a petition for mandamus. We VACATE the striking of the earnings-offset provision of the award, and that leaves us with the district court's order remanding to the Board to determine whether Narron had earned any money during the layoff period. The district court exceeded its authority in dismissing the petition to review the Board's award and we must order the court to vacate its dismissal along with its order remanding the case to the Board. Richard A. Posner, Circuit Judge; Joel M. Flaum, Circuit Judge and Ann Claire Williams, Circuit Judge. [6464058-1] [6464058] [10-3314, 10-3518]

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Plaintiff - appellee: BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN, a Division of the Rail Conference of the International Brotherhood of Teamsters
Represented By:	Marilyn Teitelbaum
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Defendant - appellant: UNION PACIFIC RAILROAD COMPANY
Represented By:	Clifford A. Godiner
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