union
pacific
railroad
brotherhood
locomotive
engineers
trainmen
general
committee
adjustment
central
region
argued
october
decided
december
railway
labor
act
rla
act
enacted
promote
peaceful
efficient
resolution
labor
disputes
amended
act
mandates
arbitration
minor
disputes
panels
composed
two
representatives
labor
two
industry
neutral
referee
tiebreaker
union
pacific
price
supply
arbitrators
congress
established
national
railroad
adjustment
board
nrab
board
board
private
persons
representing
labor
industry
equal
numbers
first
resorting
arbitration
employees
carriers
must
exhaust
grievance
procedures
agreement
hereinafter
cba
see
first
stage
known
proceedings
final
prearbitration
step
parties
must
attempt
settlement
conference
representatives
carrier
second
sixth
rla
contains
instructions
concerning
place
time
conferences
supersede
provisions
agreement
conferences
parties
sixth
common
practice
conference
may
informal
telephone
conversation
parties
fail
achieve
resolution
either
may
refer
matter
nrab
first
submissions
board
must
include
full
statement
facts
supporting
data
bearing
upon
disputes
ibid
parties
may
seek
review
nrab
panel
order
one
stated
grounds
failure
comply
requirements
rla
failure
order
conform
confine
matters
within
scope
division
jurisdiction
fraud
corruption
member
division
making
order
first
courts
appeals
divided
whether
addition
statutory
grounds
judicial
review
stated
first
courts
may
review
nrab
proceedings
due
process
violations
petitioner
union
pacific
railroad
hereinafter
carrier
charged
five
employees
disciplinary
violations
union
hereinafter
union
initiated
grievance
proceedings
pursuant
cba
union
asserts
parties
conferenced
five
disputes
carrier
concedes
conferenced
least
two
dissatisfied
outcome
proceedings
union
sought
arbitration
nrab
first
division
parties
filed
submissions
five
cases
neither
mentioned
conferencing
disputed
matter
yet
case
parties
necessarily
knew
whether
union
carrier
conferred
board
governing
rule
published
circular
one
prescribes
board
procedures
instructs
carriers
employees
set
forth
relevant
argumentative
facts
cfr
prior
hearing
one
arbitration
panel
industry
representatives
objected
sua
sponte
record
included
proof
conferencing
carrier
thereafter
embraced
objection
referee
allowed
union
submit
evidence
conferencing
union
maintained
issue
untimely
raised
indeed
forfeited
carrier
objected
date
set
argument
panel
five
identical
decisions
dismissed
petitions
want
jurisdiction
record
supplemented
meet
objection
panel
reasoned
appellate
tribunal
panel
empowered
consider
de
novo
evidence
arguments
union
sought
review
federal
district
affirmed
board
decision
appeal
seventh
circuit
observed
single
question
issue
whether
written
documentation
conference
record
necessary
prerequisite
nrab
arbitration
determined
prerequisite
statute
rules
instead
resting
decision
union
primary
argument
panel
erred
ruling
lacked
jurisdiction
cases
reversed
ground
nrab
proceedings
incompatible
due
process
held
seventh
circuit
erred
resolving
union
appeal
constitutional
rather
statutory
headline
granted
certiorari
address
whether
nrab
orders
may
set
aside
failure
comply
due
process
notwithstanding
first
limited
grounds
review
long
respondent
seek
modify
judgment
true
respondent
may
rely
upon
matter
appearing
record
support
judgment
blum
bacon
seventh
circuit
understood
union
pressed
statutory
constitutional
arguments
observed
arguments
homed
single
question
written
documentation
conference
record
necessary
prerequisite
nrab
arbitration
answering
single
question
negative
seventh
circuit
effectively
resolved
union
core
complaint
nothing
act
elevates
jurisdictional
status
obligation
conference
minor
disputes
prove
conferencing
negative
answer
single
question
leaves
doubt
union
entitlement
accord
first
vacation
board
orders
given
statutory
ground
relief
due
process
issue
alive
case
warrant
answer
question
may
consequential
another
case
nevertheless
grant
certiorari
enables
reduce
confusion
clouding
well
board
decisions
matters
properly
typed
jurisdictional
pp
congress
authorized
board
prescribe
rules
presenting
processing
claims
first
congress
alone
controls
board
jurisdiction
refusing
adjudicate
instant
cases
false
premise
lacked
jurisdiction
hear
nrab
panel
failed
conform
confine
matters
congress
placed
within
scope
nrab
jurisdiction
first
pp
mandatory
prescriptions
however
emphatic
properly
typed
jurisdictional
arbaugh
jurisdiction
properly
comprehended
refers
tribunal
hear
case
never
forfeited
waived
contrast
rule
reduce
tribunal
adjudicatory
domain
ordinarily
forfeited
party
asserting
rule
waits
long
raise
point
kontrick
ryan
example
held
nonjurisdictional
forfeitable
provision
title
vii
civil
rights
act
requiring
complainants
file
timely
discrimination
charge
equal
employment
opportunity
commission
eeoc
proceeding
zipes
trans
world
airlines
contrast
reaffirmed
jurisdictional
character
time
limitation
filing
notice
appeal
bowles
russell
requirement
parties
minor
disputes
last
chance
prearbitration
attempt
settlement
conference
imposed
carriers
grievants
alike
satisfaction
obligation
condition
board
adjudicatory
authority
extends
disputes
carriers
employees
grievances
interpretation
application
agreements
concerning
rates
pay
rules
working
conditions
slocum
delaware
quoting
first
cba
grievance
procedure
followed
resort
board
ordinarily
objectionable
premature
conference
requirement
independent
cba
process
rooted
rla
eneral
duties
section
moored
nrab
stablishment
powers
duties
set
first
conferencing
often
informal
practice
jurisdictional
presuit
resort
eeoc
held
nonjurisdictional
forfeitable
zipes
conference
requirement
jurisdictional
failure
initially
submit
proof
conferencing
genre
although
carrier
alleges
nrab
decisions
support
characterizing
conferencing
jurisdictional
nrab
lacks
authority
define
panels
jurisdiction
surely
panels
lack
authority
furthermore
nrab
panels
variously
addressed
matter
pp
neither
rla
circular
one
plausibly
read
require
prerequisite
nrab
exercise
jurisdiction
submission
proof
conferencing
instructions
party
submissions
jurisdictional
rules
board
recognized
conferencing
may
question
dispute
proof
thereof
need
accompany
party
submissions
makes
sense
exclude
arbitration
stage
newly
presented
data
supporting
employee
grievance
cfr
evidence
carrier
opportunity
consider
prearbitration
conferencing
fact
bearing
merits
grievance
moreover
rla
respects
parties
right
order
conference
procedures
follow
see
sixth
pp
affirmed
ginsburg
delivered
opinion
unanimous
union
pacific
railroad
company
petitioner
brotherhood
locomotive
engineers
trainmen
general
committee
adjustment
central
region
writ
certiorari
appeals
seventh
circuit
december
justice
ginsburg
delivered
opinion
true
take
jurisdiction
chief
justice
marshall
famously
wrote
equally
true
must
take
jurisdiction
right
decline
exercise
jurisdiction
given
usurp
given
cohens
virginia
wheat
see
marshall
marshall
chief
justice
marshall
statement
bears
fine
tuning
surely
starting
presumption
jurisdiction
conferred
may
decline
exercise
see
fallon
manning
meltzer
shapiro
hart
wechsler
federal
courts
federal
system
ed
general
rule
applicable
courts
also
holds
administrative
agencies
directed
congress
adjudicate
particular
controversies
congress
vested
national
railroad
adjustment
board
hereinafter
nrab
board
jurisdiction
adjudicate
grievances
railroad
employees
remain
unsettled
pursuit
internal
procedures
first
consider
case
five
nearly
identical
decisions
panel
nrab
dismissing
employee
claims
lack
jurisdiction
nrab
first
div
award
etc
mar
app
pet
cert
hereinafter
panel
decision
case
panel
declared
procedural
rule
raised
panel
member
unprompted
parties
jurisdictional
character
therefore
commanded
threshold
dismissal
panel
characterization
hold
misconceived
congress
authorized
board
prescribe
rules
presentation
processing
claims
first
congress
alone
controls
board
jurisdiction
presuming
authority
declare
procedural
rules
jurisdictional
panel
failed
conform
confine
matters
congress
placed
within
scope
nrab
jurisdiction
first
panel
without
authority
assume
jurisdiction
employees
claim
panel
decision
dismissals
lacked
tenable
grounding
therefore
affirm
judgment
seventh
circuit
setting
aside
panel
orders
concerned
labor
disputes
lead
strikes
bringing
railroads
halt
congress
enacted
railway
labor
act
rla
act
stat
amended
et
promote
peaceful
efficient
resolution
disputes
see
union
pacific
price
act
instructs
labor
industry
exert
every
reasonable
effort
make
maintain
agreements
concerning
rates
pay
rules
working
conditions
settle
disputes
whether
arising
application
agreements
otherwise
order
avoid
interruption
commerce
operation
carrier
first
see
trainmen
jacksonville
terminal
describing
obligation
pursue
agreement
heart
rla
part
endeavor
congress
provided
framework
settlement
voluntary
arbitration
minor
disputes
see
price
railroad
industry
term
minor
disputes
means
primarily
grievances
arising
application
collective
bargaining
agreements
particular
situations
many
railroads
however
resisted
voluntary
arbitration
see
congress
therefore
amended
act
amendment
mandate
arbitration
minor
disputes
altered
scheme
arbitration
occurs
panels
composed
two
representatives
labor
two
industry
neutral
referee
serving
tiebreaker
see
supply
representative
arbitrators
congress
established
nrab
board
private
persons
representing
labor
industry
equal
numbers
first
see
trainmen
chicago
neutral
referees
rla
provides
shall
appointed
representative
arbitrators
failing
agreement
national
mediation
board
first
amendment
authorized
nrab
adopt
session
rules
deems
necessary
control
proceedings
first
product
rulemaking
codified
cfr
pt
known
circular
one
keeping
congress
aim
promote
peaceful
settlement
minor
disputes
rla
requires
employees
carriers
resorting
arbitration
exhaust
grievance
procedures
specified
agreement
hereinafter
cba
see
first
stage
process
known
proceedings
final
prearbitration
step
act
directs
parties
attempt
settlement
conference
designated
representatives
carrier
second
rla
contains
instructions
concerning
place
time
conferences
specifies
statute
supersede
provisions
agreement
conferences
effect
parties
sixth
undisputed
common
practice
conference
may
informal
telephone
conversation
parties
fail
achieve
resolution
usual
manner
including
chief
operating
officer
carrier
designated
handle
minor
disputes
either
party
may
refer
matter
nrab
first
submissions
board
must
include
full
statement
facts
supporting
data
bearing
upon
disputes
ibid
see
cfr
submissions
must
clearly
briefly
set
forth
relevant
argumentative
facts
including
documentary
evidence
arbitration
launched
party
referring
dispute
files
notice
intent
nrab
board
acknowledgment
notice
parties
days
file
simultaneous
submissions
nrab
uniform
rules
procedure
rev
june
creating
scheme
mandatory
arbitration
superintended
nrab
amendment
largely
foreclose
litigation
minor
disputes
price
see
railway
conductors
pitney
congress
designated
agency
peculiarly
competent
handle
minor
disputes
also
intended
leave
minimum
responsibility
congress
provide
employee
obtained
monetary
award
carrier
sue
enforce
either
enforce
award
set
aside
price
first
addition
limited
role
courts
appeals
noted
price
reviewed
awards
claimed
result
denial
due
process
law
citing
ellerd
southern
pacific
barnett
seashore
lines
congress
amended
scheme
time
state
grounds
employees
railroads
seek
judicial
review
nrab
orders
governing
provision
still
force
allows
parties
aggrieved
nrab
panel
order
petition
review
first
provision
instructs
review
findings
order
division
shall
conclusive
parties
except
order
may
set
aside
whole
part
remanded
failure
division
comply
requirements
rla
failure
order
conform
confine
matters
within
scope
division
jurisdiction
fraud
corruption
member
division
making
order
courts
appeals
divided
whether
provision
precludes
judicial
review
nrab
proceedings
due
process
violations
compare
shaffi
plc
british
airways
review
available
edelman
western
airlines
kinross
utah
review
precluded
instant
matter
arose
petitioner
union
pacific
railroad
hereinafter
carrier
charged
five
employees
disciplinary
violations
union
brotherhood
locomotive
engineers
trainmen
hereinafter
union
initiated
grievance
proceedings
pursuant
cba
union
asserts
following
exhaustion
grievance
proceedings
parties
conferenced
disputes
counsel
carrier
conceded
argument
least
two
disputes
conferenced
tr
oral
arg
dissatisfied
outcome
proceedings
union
sought
arbitration
first
division
nrab
union
carrier
early
filed
simultaneous
submissions
five
cases
submission
union
included
notice
discipline
discharge
hearing
transcript
exhibits
evidence
relating
underlying
adverse
actions
used
grievance
proceeding
neither
party
mentioned
conferencing
disputed
matter
yet
case
parties
necessarily
knew
whether
union
carrier
conferred
board
governing
rule
instructs
carriers
employees
set
forth
relevant
argumentative
facts
cfr
march
prior
hearing
employees
claims
one
industry
representatives
arbitration
panel
raised
objection
petition
review
vacate
awards
orders
first
div
nrab
nd
hereinafter
pet
review
initiative
unprompted
carrier
executive
session
industry
representative
asserted
record
included
proof
conferencing
see
ibid
carrier
thereafter
embraced
panel
member
objection
neutral
referee
informed
union
issue
adjourned
hearing
allowing
union
submit
evidence
conferencing
fact
occurred
see
union
offering
phone
logs
handwritten
notes
correspondence
parties
evidence
conferencing
five
cases
panel
decision
first
notice
objection
however
union
maintained
issue
untimely
raised
indeed
forfeited
carrier
objected
prior
date
set
argument
cases
pet
review
march
nearly
one
year
question
conferencing
first
arose
panel
five
identical
decisions
dismissed
petitions
want
authority
assume
jurisdiction
claim
panel
decision
citing
circular
one
see
supra
weight
arbitral
precedent
panel
stated
evidentiary
record
must
deemed
closed
notice
intent
filed
nrab
panel
decision
explaining
record
supplemented
meet
objection
panel
emphasized
appellate
tribunal
opposed
one
empowered
consider
rule
de
novo
evidence
arguments
two
labor
representatives
dissented
carrier
submissions
reasoned
took
exception
based
failure
conference
prove
conferencing
therefore
concluded
well
settled
principle
governing
board
deliberations
carrier
forfeited
issue
dissenters
urged
union
furnished
evidence
showing
cases
conferenced
even
though
relevant
collective
bargaining
agreement
require
conferencing
dismissal
claims
dissenters
charged
demonstrated
kind
gamesmanship
breeds
contempt
minor
dispute
process
union
filed
petition
review
district
northern
district
illinois
asking
set
aside
board
orders
ground
panel
unlawfully
held
lacked
authority
assume
jurisdiction
cases
absent
evidence
parties
record
pet
review
nothing
act
nrab
procedural
rules
union
maintained
mandated
dismissal
failure
allege
prove
conferencing
union
original
submission
imposing
without
warrant
technical
pleading
evidentiary
requirement
elevating
jurisdictional
status
union
charged
panel
egregiously
violate
act
fail
ed
conform
jurisdiction
required
law
alternatively
union
asserted
panel
violated
procedural
due
process
entertaining
carrier
untimely
objection
even
though
carrier
failed
raise
objection
lack
conferencing
submissions
district
affirmed
board
orders
addressing
union
argument
issue
untimely
raised
accepted
panel
description
issue
jurisdictional
noted
familiar
proposition
jurisdictional
challenges
may
raised
stage
proceedings
supp
appeal
seventh
circuit
recognized
union
presented
case
statutory
constitutional
framework
observed
however
essence
conflict
boils
single
question
written
documentation
conference
record
necessary
prerequisite
arbitration
nrab
ibid
determined
prerequisite
statute
regulation
cba
concluded
required
evidence
conferencing
presented
record
instead
resting
decision
union
primary
argument
panel
erred
ruling
lacked
jurisdiction
cases
appeals
reversed
ground
nrab
proceedings
incompatible
due
process
see
ii
granted
carrier
petition
certiorari
asked
us
determine
whether
reviewing
may
set
aside
nrab
orders
failure
comply
due
process
notwithstanding
limited
grounds
review
specified
first
earlier
recounted
courts
appeals
divided
issue
see
supra
appearing
respondent
however
union
urged
affirmance
seventh
circuit
judgment
alternative
ground
reasserting
lead
argument
advanced
petition
review
see
supra
union
maintained
board
conform
confine
matters
within
scope
jurisdiction
first
brief
respondent
response
carrier
stated
union
alternative
ground
presents
pure
question
law
th
resolve
without
need
remand
reply
brief
agree
long
respondent
seek
modify
judgment
true
well
accepted
respondent
may
without
filing
rely
upon
matter
appearing
record
support
judgment
blum
bacon
seventh
circuit
observed
see
supra
understood
union
pressed
statutory
constitutional
arguments
also
comprehended
arguments
homed
single
question
written
documentation
conference
record
necessary
prerequisite
arbitration
nrab
answering
single
question
negative
appeals
effectively
resolved
union
core
complaint
reasons
far
apparent
declared
answer
key
question
adjudication
due
process
claim
unavoidable
ibid
seventh
circuit
agree
asked
right
question
inappropriately
placed
answer
constitutional
rather
statutory
headline
appeals
determined
discuss
infra
nothing
act
elevates
jurisdictional
status
obligation
conference
minor
disputes
prove
conferencing
unavoidable
conclusion
following
seventh
circuit
answer
key
question
panel
first
words
failed
conform
confine
matters
within
scope
jurisdiction
carrier
although
sought
different
outcome
quite
right
urg
appeals
consider
statutory
claim
constitutional
one
short
negative
answer
single
question
identified
appeals
leaves
doubt
union
entitlement
accord
first
vacation
board
orders
given
statutory
ground
relief
due
process
issue
alive
case
warrant
answer
question
may
consequential
another
case
absent
grounds
specified
first
vacating
board
order
may
reviewing
set
aside
nrab
adjudication
incompatibility
due
process
answer
question
must
await
case
issue
genuinely
case
however
grant
certiorari
enables
us
address
matter
importance
reduce
confusion
clouding
well
board
decisions
matters
properly
typed
jurisdictional
iii
recognizing
word
jurisdiction
used
courts
including
convey
many
many
meanings
steel
citizens
better
environment
internal
quotation
marks
omitted
cautioned
recent
decisions
profligate
use
term
mandatory
prescriptions
however
emphatic
properly
typed
jurisdictional
explained
arbaugh
internal
quotation
marks
omitted
jurisdiction
properly
comprehended
emphasized
refers
tribunal
power
hear
case
matter
never
forfeited
waived
quoting
cotton
contrast
rule
even
unalterable
party
application
reduce
adjudicatory
domain
tribunal
ordinarily
forfeited
party
asserting
rule
waits
long
raise
point
kontrick
ryan
example
held
nonjurisdictional
forfeitable
provision
title
vii
civil
rights
act
et
requiring
complainants
file
timely
charge
discrimination
equal
employment
opportunity
commission
eeoc
proceeding
zipes
trans
world
airlines
also
held
nonjurisdictional
forfeitable
title
vii
provision
exempting
employers
engage
fewer
employees
arbaugh
determined
chapter
trustee
creditor
limited
time
object
debtor
discharge
see
fed
rule
bkrtcy
proc
jurisdictional
matter
kontrick
contrast
relying
long
line
decisions
left
undisturbed
congress
reaffirmed
jurisdictional
character
time
limitation
filing
notice
appeal
stated
bowles
russell
see
also
john
sand
gravel
must
consider
sua
sponte
timeliness
lawsuit
filed
federal
claims
decisions
mind
turn
back
requirement
parties
minor
disputes
last
chance
prearbitration
attempt
settlement
conference
second
sixth
see
supra
obligation
imposed
carriers
grievants
alike
hold
satisfaction
condition
adjudicatory
authority
board
board
jurisdiction
extends
disputes
carriers
employees
grievances
interpretation
application
agreements
concerning
rates
pay
rules
working
conditions
slocum
delaware
quoting
first
true
rla
instructs
reference
arbitration
dispute
shall
handled
usual
manner
including
designated
chief
operating
officer
first
cba
grievance
procedure
followed
resort
board
ordinarily
objectionable
premature
additional
requirement
conference
note
independent
cba
process
rather
conference
requirement
stated
eneral
duties
section
rla
section
moored
stablishment
powers
duties
nrab
set
next
first
rooted
often
informal
practice
see
supra
conferencing
surely
jurisdictional
presuit
resort
eeoc
held
forfeitable
zipes
requirement
conference
jurisdictional
failure
initially
submit
proof
conferencing
genre
see
part
infra
defense
board
characterization
conferencing
proof
thereof
jurisdictional
carrier
points
nrab
circular
one
procedural
regulations
see
supra
provide
petition
shall
considered
division
board
unless
subject
matter
handled
accordance
provisions
rla
cfr
provision
prescriptions
circular
one
rule
congress
gave
board
authority
adopt
rules
jurisdictional
dimension
see
first
authorizing
nrab
adopt
rules
deems
necessary
control
proceedings
respective
divisions
conflict
provisions
section
fact
conferencing
genuinely
contested
see
reason
panel
adjourn
proceeding
pending
cure
lapse
circular
one
exclude
sensible
solution
carrier
cites
nrab
decisions
allegedly
support
characterization
conferencing
jurisdictional
nrab
lacks
authority
define
jurisdiction
panels
however
surely
panels
lack
authority
furthermore
nrab
panels
variously
addressed
matter
example
nrab
third
div
award
panel
although
characterizing
conferencing
requirement
jurisdictional
said
one
parties
refuses
fails
avail
conference
opportunity
assert
defense
lack
jurisdiction
see
also
nrab
fourth
div
award
june
nrab
third
div
award
cf
arbaugh
unrefined
uses
word
jurisdiction
entitled
precedential
effect
internal
quotation
marks
omitted
nrab
first
div
award
apr
panel
observed
ordinary
remedy
lack
conferencing
dismiss
th
claim
without
prejudice
allow
claimant
cure
jurisdictional
defect
panel
reached
merits
nevertheless
ibid
cf
steel
jurisdiction
power
declare
law
ceases
exist
function
remaining
tribunal
announcing
fact
dismissing
cause
quoting
ex
parte
mccardle
wall
note
addition
acknowledgment
carrier
counsel
conferencing
occurred
nrab
panels
stayed
arbitration
allow
parties
confer
tr
oral
arg
rla
provides
proceedings
yield
settlement
parties
either
party
may
refer
case
board
full
statement
facts
supporting
data
bearing
upon
disputes
first
circular
one
correspondingly
instructs
employees
seeking
board
adjudication
set
forth
relevant
argumentative
facts
affirmatively
show
presented
carrier
made
part
particular
question
dispute
cfr
see
similar
instruction
addressed
carriers
conferencing
carrier
urged
relevant
argumentative
fac
proof
thereof
must
accompany
party
submissions
earlier
explained
see
supra
instructions
party
submissions
essentially
pleading
instructions
jurisdictional
rules
moreover
board
recognized
conferencing
may
question
dispute
counseled
parties
submitting
joint
exhibits
omit
documents
unimportant
irrelevant
disposition
case
example
letters
requesting
conference
assuming
issue
dispute
nrab
instructions
sheet
joint
exh
program
july
online
http
visited
available
clerk
case
file
bears
repetition
neither
union
carrier
submissions
board
identified
conferencing
question
dispute
see
supra
makes
sense
exclude
arbitration
stage
newly
presented
data
support
employee
grievance
cfr
evidence
carrier
opportunity
consider
prearbitration
contrary
rule
sandbag
carrier
conferencing
fact
bearing
merits
grievance
indeed
may
disagreement
occurrence
conferencing
union
believed
case
moreover
rla
respects
right
parties
order
conference
procedures
follow
see
sixth
othing
chapter
shall
construed
supersede
provisions
agreement
conferences
effect
sum
neither
rla
circular
one
plausibly
read
require
prerequisite
nrab
exercise
jurisdiction
submission
proof
conferencing
refusing
adjudicate
cases
false
premise
lacked
power
hear
nrab
panel
failed
conform
confine
jurisdiction
congress
gave
therefore
affirm
judgment
appeals
seventh
circuit
ordered
footnotes
contrast
minor
disputes
assume
existence
collective
agreement
major
disputes
formation
collective
agreements
efforts
secure
look
acquisition
rights
future
assertion
rights
claimed
vested
past
elgin
burley
rla
divides
nrab
four
divisions
covering
specified
classes
railroad
employees
first
central
instant
controversy
second
sixth
read
full
second
consideration
disputes
representatives
disputes
carrier
carriers
employees
shall
considered
possible
decided
expedition
conference
representatives
designated
authorized
confer
respectively
carrier
carriers
employees
thereof
interested
dispute
sixth
conference
representatives
time
place
private
agreements
case
dispute
carrier
carriers
employees
arising
grievances
interpretation
application
agreements
concerning
rates
pay
rules
working
conditions
shall
duty
designated
representative
representatives
carrier
carriers
employees
within
ten
days
receipt
notice
desire
part
either
party
confer
respect
dispute
specify
time
place
conference
shall
held
provided
place
specified
shall
situated
upon
line
carrier
involved
otherwise
mutually
agreed
upon
time
specified
shall
allow
designated
conferees
reasonable
opportunity
reach
place
conference
shall
exceed
twenty
days
receipt
notice
provided
nothing
chapter
shall
construed
supersede
provisions
agreement
conferences
effect
parties
disagreement
stems
per
curiam
opinion
union
pacific
sheehan
case
involved
nrab
decision
turning
time
limitation
contained
governing
cba
based
limitation
board
dismissed
employee
claim
tenth
circuit
remanded
case
nrab
ground
board
failed
consider
employee
equitable
tolling
argument
thereby
violated
due
process
summarily
reversed
observing
board
fact
considered
plea
equitable
tolling
explicitly
rejected
added
appeals
intended
reverse
nrab
rejection
employee
equitable
tolling
argument
exceeded
bounds
first
placed
review
authority
determining
whether
cba
time
limitation
tolled
said
board
certainly
acting
within
jurisdiction
conformity
act
ibid
panel
observed
however
records
notes
offered
union
face
may
regarded
supportive
position
conference
occurred
panel
decision
quoted
supra
grounds
failure
division
comply
rla
requirements
failure
order
conform
confine
matters
within
scope
division
jurisdiction
fraud
corruption
member
division
making
order
case
order
uncommon
carrier
acknowledges
many
cases
reviewing
ostensibly
due
process
objections
accommodated
within
statutory
framework
brief
petitioner
see
also
statutory
review
provisions
plainly
generous
enough
permit
litigants
raise
simple
common
easily
adjudicated
likely
meritorious
claims
sail
flag
due
process
law
rla
first
general
duty
settle
disputes
second
specific
duty
conference
provisions
apply
disputes
railroad
industry
major
well
minor
also
apply
disputes
airline
industry
nrab
jurisdiction
neither
provision
speak
jurisdictional
terms
refer
way
jurisdiction
nrab
zipes
holding
panel
lack
jurisdiction
employees
claims
recognize
board
authority
adopt
rules
backed
effective
sanctions
see
supra
cf
fed
rule
civ
proc
specifying
sanctions
including
dismissal
failure
comply
discovery
orders
rule
authorizing
involuntary
dismissal
failure
prosecute
comply
rules
procedure
orders
also
recognize
nrab
panels
managing
individual
arbitrations
may
prescribe
enforce
reasonable
procedural
requirements