Consolidated Rail Corporation v. Railway Labor Executives' Association (1988)
- Docket
- 88-1
- Decided
- 1988-01-01
Summary
Question: Does the RLEA's opposition to Conrail's changed drug testing program create a "major" dispute under the Railway Labor Act? Conclusion: No. Writing for the majority, Justice Harry Blackmun held that if Conrail asserts that its agreement with the unions gives Conrail the discretion to change their drug testing policy –assuming that claim is arguably justified by the terms of the agreement-- Conrail may make that change and the courts must defer to the decision of the RLA's arbitration board. Conrail's claim of a right to unilaterally change its drug policy –although based on implied terms of its contract with the RLEA—was not "frivolous or obviously insubstantial." Conrail does not have to wait until the arbitration board makes a decision to change its drug testing policy. The court believed this decision would diminish the risk of interruptions to commerce caused by labor disputes.