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BROTH. OF LOCO. ENG. v. ST. LOUIS SOUTHWESTERN RY.

No. 84-2110. Summary Calendar.

757 F.2d 656 (1985)

BROTHERHOOD OF LOCOMOTIVE ENGINEERS, Plaintiff-Appellant, v. ST. LOUIS SOUTHWESTERN RAILWAY CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 15, 1985.

Attorney(s) appearing for the Case

Ross & Kraushaar, Richard Kraushaar, Harold A. Ross, Cleveland, Ohio, Bray & Watson, Patrick M. Flynn, Houston, Tex., for Brotherhood.

Jay W. Dickey, Jr., Maxie G. Kizer, Pine Bluff, Ark., for Brotherhood and Robinson et al.

Crain, Caton, James & Womble, W.T. Womble, Houston, Tex., Wayne M. Bolio, Littler, Mendelson, Fastiff & Tichy, Robert S. Bogason, San Francisco, Cal., for defendant-appellee.

Before GEE, RUBIN, and TATE, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The Brotherhood of Locomotive Engineers seeks to set aside an arbitration conducted under the provisions of the Railway Labor Act on the ground that the arbitration panel appointed to consider a procedural question exceeded its jurisdiction by considering the case on the merits. It also contends that the railroad has interfered improperly with the procedure set up to determine whether employees who have been ill are physically fit to...

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