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

> Court of Appeals for the Fourth Circuit · May 1, 1967 · 380 F.2d 59

URL: https://www.frixlaw.com/law-library/cases/8877508

## Case

- **Full name:** BROTHERHOOD OF RAILROAD SIGNALMEN OF AMERICA v. SOUTHERN RAILWAY COMPANY, a corporation, (two cases) BROTHERHOOD OF RAILROAD SIGNALMEN OF AMERICA v. SOUTHERN RAILWAY COMPANY, a corporation, (two cases)
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** May 1, 1967
- **Citations:** 380 F.2d 59; 65 L.R.R.M. (BNA) 2543; 1967 U.S. App. LEXIS 6575
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Sobeloff
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8877508

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8877508. Public record. Not legal advice.