BNSF Union Loses Eighth Circuit Bid to Revive Railway Labor Case

BNSF Railway Co. prevailed over a union that was attempting to fight its labor dispute over the company’s use of subcontractors in federal court rather than private arbitration.

The Brotherhood of Maintenance of Way Employees sought the enforcement of its rights stemming from its labor contract with BNSF, which constitutes a “minor” dispute under the Railway Labor Act that doesn’t trigger court jurisdiction, the US Court of Appeals for the Eighth Circuit ruled Monday.

In an apparent issue of first impression, the circuit court rejected the union’s argument that BNSF directly violated the RLA’s requirement that carriers make “every reasonable ...