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BROTHERHOOD OF LOCOMOTIVE ENGINEERS Plaintiff
vs.
BURLINGTON NORTHERN RAILROAD COMPANY Defendant
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Issues:
Drugs, accident, arbitration, search, collective bargaining, safety, policy and procedure, union issues.
Case Summary:
The Brotherhood of Locomotive Engineers challenges the Burlington Northern Railroad's decision to use trained dogs to search company property and employee vehicles for illegal drugs. The railroad introduced the policy following a series of serious accidents. Union officials argued the new policy violated an existing collective bargaining agreement.
Decision of lower jurisdiction:
This is the first judicial review of the case.
Outcome:
The union wins. The U.S. District Court for the District of Montana, Great Falls Division, ruled that the railroad's new policy constituted a significant modification of the existing collective bargaining agreement. The court ruled the policy must be submitted for arbitration and mediation.