Opinion

Brotherhood of Railroad Signalmen of America v. Southern Railway Co.

  • 380 F.2d 59
  • 65 L.R.R.M. (BNA) 2543
  • 1967 U.S. App. LEXIS 6575
Court
Court of Appeals for the Fourth Circuit
Filed
May 1, 1967
Status
Published
On the bench
Sobeloff
Cited by
3 cases
Authority
More cited than 18.3%

The opinion

On Petition for Rehearing

PER CURIAM:

The court is of the opinion that the petition for rehearing should be denied. While Petitioner’s contention that the original awards fully resolved the disputes may have merit, the National Railroad Adjustment Board is the appropriate forum in which the Petitioner should seek clarification of the awards. The Board should have the opportunity to reconsider and amplify the awards in light of Transportation-Communication Employees Union v. Union Pacific R. R., 385 U.S. 157 , 87 S.Ct. 369 , 17 L.Ed.2d 264 (1966), which was not decided when the awards were made.

If the Petitioner prevails on remand to the Board, it will be entitled to enforcement in the District Court in respect to recovery of reasonable attorneys’ fees, whether or not the carrier voluntarily complies with the remainder of the awards. Despite fears voiced by the Petitioner, its claims to reasonable attorneys’ fees will thus be preserved.

Rehearing denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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