BNSF Railway Company v. American Train Dispatchers Association
Filing 37
Memorandum Opinion and Order....Motion for summary judgment of BNSF is granted and the motion for summary judgment of ATDA denied. The award of PLB 7290 denying BNSF's claim is vacated and that the claim is remanded to PLB 7290 for further pro ceedings; as a matter of law, BNSF has a statutory right pursuant to 45 USC 153 to bring a claim in arbitration for breach of contract by ATDA and that if a breach of contract is show, as a matter of law BNSF is entitled to a remedy for such breach. (Ordered by Judge John McBryde on 7/6/2010) (wrb)
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