Bhd. of Maint. of Way Employees v. Burlington N. Santa Fe R.R., 270 F.3d 637 (8th Cir. 2001). · Go Syfert
Bhd. of Maint. of Way Employees v. Burlington N. Santa Fe R.R., 270 F.3d 637 (8th Cir. 2001). Cases Citing This Book View Copy Cite
61 citation events (61 in the last 25 years) across 10 distinct courts.
Strongest positive: Brotherhood of Railroad Signalmen v. BNSF Railway (moed, 2021-09-22)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Brotherhood of Railroad Signalmen v. BNSF Railway (4×) also: Cited as authority (rule)
E.D. Mo. · 2021 · quote attribution · 2 verbatim quotes · confidence high
if doubt arises about the classification of a dispute, the dispute is also considered to be minor.
discussed Cited as authority (verbatim quote) Gilmore v. Northwest Airlines, Inc. (2×) also: Cited as authority (rule)
D. Minnesota · 2007 · quote attribution · 1 verbatim quote · confidence high
there is no bright line to differentiate between major and minor disputes
examined Cited as authority (verbatim quote) Brotherhood of Maintenance of Way Employees Division of International Brotherhood of Teamsters v. Union Pacific Railroad (7×) also: Cited as authority (rule)
N.D. Iowa · 2007 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
if doubt arises about the classification of a dispute, the dispute is also considered to be minor.
discussed Cited as authority (rule) Unified System Division, Brotherhood of Maintenance of Way Employes Division of the International Brotherhood of Teamsters v. Union Pacific Railroad Company
D. Neb. · 2025 · confidence medium
Co., No. 23-3332, 2025 WL 86532 , at *2 (8th Cir. Jan. 14, 2025) (quoting Bhd. of Maint. of Way Emps. v. Burlington N. Santa Fe R.R., 270 F.3d 637, 639 (8th Cir. 2001)); see 45 U.S.C. § 153 First (m).
discussed Cited as authority (rule) Assoc.of Sheet Metal Workers, etc. v. K.C. Southern Railway
8th Cir. · 2025 · confidence medium
The classification of a dispute “is important when establishing jurisdiction because minor disputes must be submitted to binding arbitration.” Bhd. of Maint. of Way Emps. v. Burlington N. Santa Fe R.R., 270 F.3d 637, 639 (8th Cir. 2001).
discussed Cited as authority (rule) Brotherhood of Maintenance of Way Employes division/ibt v. National Railroad Passenger Corporation
D.D.C. · 2021 · confidence medium
Indeed, there is “a strong presumption in favor of finding a dispute to be minor” and if “doubt arises about the classification of a dispute, the dispute is . .. considered to be minor.” BMWED, 217 F. Supp. 3d at 256 (quoting Oakey v. U.S. Airways Pilots Disability Income Plan, 839 F. Supp. 2d 225, 231 (D.D.C. 2012) and Bhd. of Maint. of Way Empls. v. Burlington N. Santa Fe R.R., 270 F.3d 637, 639 (8th Cir. 2001)). 8 To resolve the question of whether a dispute is major or minor, the Court must analyze the parties’ contractual arguments to determine whether they are arguably justifie…
cited Cited as authority (rule) Louis DeGidio, Inc. v. Industrial Combustion, LLC
D. Minnesota · 2020 · confidence medium
Bhd. of Maint. of Way Emps. v. Burlington N. Santa Fe R.R., 270 F.3d 637, 638 (8th Cir. 2001).
discussed Cited as authority (rule) Brotherhood of Railroad Signalmen v. National Railroad Passenger Corporation
D.D.C. · 2018 · confidence medium
Further, “there is a strong presumption in favor of finding a dispute to be minor,” id. (internal quotation marks), and “if doubt arises about the classification of a dispute, the dispute is . . . considered to be minor,” id. (alteration omitted) (quoting Bhd. of Maint. of Way Emps. v. Burlington N. Santa Fe R.R., 270 F.3d 637, 639 (8th Cir. 2001)).
discussed Cited as authority (rule) Vanslyck v. GOJET Airlines, LLC
N.D. Ill. · 2018 · confidence medium
So while Plaintiff may be entitled to present evidence of past practice in response to Defendants’ arguments under the CBA, this Court agrees with Defendants that “it is for the System Board to evaluate this past practice in the context of CBA interpretation; not the Court.” (Doc. 37, at 6, citing Bhd. of Maint. of Way Employees v. Burlington N. Santa Fe R.R., 270 F.3d 637, 639 (8th Cir. 2001)).
discussed Cited as authority (rule) Brotherhood of Maintenance of Way Employes division/ibt v. National Railroad Passenger Corporation, a D.C. Corporation
D.D.C. · 2016 · confidence medium
Cir. 2013). “[I]f doubt arises about the classification of a dispute, the dispute is also considered to be minor.” Bhd. of Maint. of Way Empls. v. Burlington N. Santa Fe R.R., 270 F.3d 637, 639 (8th Cir. 2001); see also Oakey, 839 F.Supp.2d at 231 .
cited Cited as authority (rule) A.P.I., Inc. v. Home Insurance
D. Minnesota · 2010 · signal: cf. · confidence medium
Cf., e.g., Bhd. of Maint. of Way Employees v. Burlington N. Santa Fe R.R., 270 F.3d 637, 638 (8th Cir.2001) (per curiam).
discussed Cited as authority (rule) In Re Retek Inc. Securities Litigation
D. Minnesota · 2009 · confidence medium
The Court reviews a defendant’s motion to dismiss to determine if, taking the facts alleged in the complaint as true and construing the pleadings in a light most favorable to plaintiff, see, e.g., Bhd. of Maint. of Way Employees v. Burlington N. Santa Fe R.R., 270 F.3d 637, 638 (8th Cir.2001), the plaintiff has stated “a claim to relief that is plausible on its face,” Bell Atlantic Corp. v. Twombly, 550 U.S. 544 , 127 S.Ct. 1955, 1974 , 167 L.Ed.2d 929 (2007).
cited Cited as authority (rule) Howell v. Lab One, Inc.
D. Neb. · 2003 · confidence medium
Bhd. of Maint. of Way Emps. v. Burlington N. Santa Fe R.R., 270 F.3d 637, 638 (8th Cir.2001).
discussed Cited "see" G. Merkl v. Timothy Pendleton
8th Cir. · 2008 · signal: see · confidence high
See Bhd. of Maint. of Way Employees v. Burlington N. Santa Fe R.R., 270 F.3d 637, 638 (8th Cir.2001) (per curiam) (review standard); Harris v. Mo. Court of Appeals, 787 F.2d 427 , 429 (8th Cir.1986) (state courts are not vulnerable to § 1983 suits because they are protected by state immunity under Eleventh Amendment).
cited Cited "see" Geelan v. Mark Travel, Inc.
D. Minnesota · 2004 · signal: see · confidence high
See Bhd. of Maintenance of Way Employees v. Burlington N. Santa Fe R.R., 270 F.3d 637, 638 (8th Cir.2001).
cited Cited "see, e.g." Schwan's Company v. Cai
D. Minnesota · 2023 · signal: see, e.g. · confidence medium
See, e.g., Bhd. of Maint. of Way Employees v. Burlington N. Santa Fe R.R., 270 F.3d 637, 638 (8th Cir. 2001).
cited Cited "see, e.g." Mason v. Johnston
D. Minnesota · 2020 · signal: see, e.g. · confidence medium
See, e.g., Bhd. of Maint. of Way Emps. v. Burlington N. Santa Fe R.R., 270 F.3d 637, 638 (8th Cir. 2001).
cited Cited "see, e.g." Pederson v. Donald J. Trump for President, Inc.
D. Minnesota · 2020 · signal: see, e.g. · confidence medium
See, e.g., Bhd. of Maint. of Way Employees v. Burlington N. Santa Fe R.R., 270 F.3d 637, 638 (8th Cir. 2001).
cited Cited "see, e.g." Giombetti v. Wolf
D. Minnesota · 2020 · signal: see, e.g. · confidence medium
See, e.g., Bhd. of Maint. of Way Employees v. Burlington N. Santa Fe R.R., 270 F.3d 637, 638 (8th Cir. 2001).
cited Cited "see, e.g." IN RE PORK ANTITRUST LITIGATION
D. Minnesota · 2019 · signal: see, e.g. · confidence medium
See, e.g., Bhd. of Maint. of Way Emps. v. Burlington N. Santa Fe R.R., 270 F.3d 637, 638 (8th Cir. 2001) (per curiam).
cited Cited "see, e.g." Reed v. St. Jude Medical
D. Minnesota · 2018 · signal: see, e.g. · confidence medium
See, e.g., Bhd. of Maint. of Way Employees v. Burlington N. Santa Fe R.R., 270 F.3d 637, 638 (8th Cir. 2001) (per curiam).
cited Cited "see, e.g." Minnesota Made Hockey, Inc. v. Minnesota Hockey, Inc.
D. Minnesota · 2011 · signal: see, e.g. · confidence medium
See, e.g., Bhd. of Maint. of Way Emps. v. Burlington N. Santa Fe R.R., 270 F.3d 637, 638 (8th Cir.2001) (per curiam).
cited Cited "see, e.g." Spine Imaging MRI, LLC v. Liberty Mutual Insurance
D. Minnesota · 2010 · signal: see, e.g. · confidence medium
See, e.g., Bhd. of Maint. of Way Employees v. Burlington N. Santa Fe R.R., 270 F.3d 637, 638 (8th Cir.2001).
cited Cited "see, e.g." ADT SECURITY SERVICES, INC. v. Swenson
D. Minnesota · 2009 · signal: see, e.g. · confidence medium
See, e.g., Bhd. of Maint. of Way Employees v. Burlington N. Santa Fe R.R., 270 F.3d 637, 638 (8th Cir.2001).
cited Cited "see, e.g." Burks v. Abbott Laboratories
D. Minnesota · 2009 · signal: see, e.g. · confidence medium
See, e.g., Bhd. of Maint. of Way Employees v. Burlington N. Santa Fe R.R., 270 F.3d 637, 638 (8th Cir.2001).
cited Cited "see, e.g." Securities & Exchange Commission v. Brown
D. Minnesota · 2009 · signal: see, e.g. · confidence medium
See, e.g., Bhd. of Maint. of Way Employees v. Burlington N. Santa Fe R.R., 270 F.3d 637, 638 (8th Cir.2001).
cited Cited "see, e.g." Equal Employment Opportunity Commission v. Woodmen of the World Life Insurance Society
D. Neb. · 2004 · signal: see, e.g. · confidence medium
See, e.g., Brotherhood of Maint. of Way Employees v. BNSF R.R., 270 F.3d 637, 638 (8th Cir.2001).
cited Cited "see, e.g." Citizens for Equal Protection, Inc. v. Bruning
D. Neb. · 2003 · signal: see, e.g. · confidence medium
See, e.g., Brotherhood of Maint. of Way Employees v. BNSF R.R., 270 F.3d 637, 638 (8th Cir.2001).
cited Cited "see, e.g." Stark v. Soteria Imaging Services, Inc.
D. Neb. · 2003 · signal: see, e.g. · confidence medium
See, e.g., Brotherhood of Maint. of Way Employees v. BNSF R.R., 270 F.3d 637, 638 (8th Cir.2001).
Retrieving the full opinion text from the archive…
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES, Appellant,
v.
BURLINGTON NORTHERN SANTA FE RAILROAD, Appellee
01-1508.
Court of Appeals for the Eighth Circuit.
Oct 24, 2001.
270 F.3d 637
2001 U.S. App. LEXIS 22850
2001 WL 1266365
Richard S. Edelman, Washington, DC, argued (Peter J. Leff and William A. Bon, on the brief), for appellant., Charles W. Shewmake, Fort Worth, TX, argued (David M. Pryor, Sheila K. Younger-Halliman, Patrick J. Sweeney and Rodney A. Honkanen, on the brief), for appellee.
McMillian, Fagg, Beam.
Cited by 35 opinions  |  Published
PER CURIAM.

The Brotherhood of Maintenance of Way Employees (the Union) and Burlington Northern Santa Fe Railroad (BNSF or the Railroad) disagree on the meaning of Article A of their August 1999 Collective Bargaining Agreement (CBA). The CBA provides:

Employees force assigned to a headquartered position which is located greater than 75 highway miles from both the employee’s residence and the employee’s home station will be eligible for double occupancy lodging under the BNSF corporate lodging program on each day service is performed at the away-from-home headquarter location. Employees utilizing Carrier provided lodging under this provision will receive a meal allowance of $15.00 for each day on which service is performed and the employee is housed at Carrier expense at the away-from-home headquarter location.

(J.A. at 49). The Union contends an employee is entitled to five $15.00 meal allowances when the employee works Monday through Friday at a location greater than seventy-five highway miles from both the employee’s residence and home station and utilizes Carrier-provided lodging Monday night through Friday morning. The Railroad initially paid employees five meal allowances per week for this work arrangement. In February 2000, the Railroad began paying employees four meal allow-anees per week for this arrangement, contending the CBA did not obligate the Railroad to pay a fifth meal allowance when the employee utilized Carrier-provided lodging for only four nights.

After the Union and the Railroad failed to reach an agreement interpreting the meal allowance provision, the Union filed suit, contending the Railroad had effected a unilateral change of the CBA in violation of the Railway Labor Act (RLA). See 45 U.S.C. § 152 Seventh (1994). The Railroad filed a motion to dismiss, claiming the dispute was minor and subject to arbitration, thus the district court lacked subject matter jurisdiction. See 45 U.S.C. § 153 First (i) (1994); Jenisio v. Ozark Airlines, Inc. Retirement Plan for Agent & Clerical Employees, 187 F.3d 970, 973-74 (8th Cir.1999) (citing Bhd. of Locomotive Eng’rs v. Louisville & Nashville R.R., 373 U.S. 33, 39, 83 S.Ct. 1059, 10 L.Ed.2d 172 (1963)). The district court * granted the Railroad’s motion to dismiss. The Union appeals. Having reviewed the record and briefs de novo, accepted the allegations contained in the complaint as true, and considered the facts and all reasonable inferences that can be drawn from them in the light most favorable to the Union, we affirm. See Young v. City of St. Charles, 244 F.3d 623, 627 (8th Cir.2001) (reviewing motion to dismiss de novo); Jenisio, 187 F.3d at 972 (reviewing question of subject matter jurisdiction de novo).

Under the RLA, a dispute is classified as either major, involving the creation of new contractual rights, or minor, involving the interpretation and enforcement of existing CBAs. See Consol. Rail Corp. v. Ry. Labor Executives Ass’n, 491 U.S. 299, 302, 305, 109 S.Ct. 2477, 105 L.Ed.2d 250 (1989) (Conrail). The dis[*639] tinction is important when establishing jurisdiction because minor disputes must be submitted to binding arbitration. See Hawaiian Airlines, Inc. v. Norris, 512 U.S. 246, 252-53, 114 S.Ct. 2239, 129 L.Ed.2d 203 (1994). Although there is no bright line to differentiate between major and minor disputes, a dispute that is arguably justified by the terms of the CBA is minor. See United Transp. Union v. Kansas City Southern, Ry. Co., 172 F.3d 582, 585-86 (8th Cir.1999). In addition, if doubt arises about the classification of a dispute, the dispute is also considered to be minor. See Jenisio, 187 F.3d at 973.

We conclude the district court correctly found each party’s position is arguably justified by the language of the CBA and the dispute is minor. See Hawaiian Airlines, 512 U.S. at 256, 114 S.Ct. 2239 (holding disputes grounded in the CBA are minor); see, e.g., Bhd. of Maint. of Way Employees v. Atchison, Topeka & Santa Fe Ry. Co., 138 F.3d 635, 643 (7th Cir.1997) (holding dispute over travel expenses minor). Resolution of the dispute will turn on the meaning of the CBA clause requiring employees to utilize Carrier-provided lodging before the employee is entitled to a meal allowance. Because minor disputes must be resolved through arbitration, we conclude the district court correctly determined it lacked jurisdiction. See Jenisio, 187 F.3d at 973-74.

We reject the Union’s contention that the Railroad’s past practice of paying five meal allowances per week shows the Railroad’s current contrary position is frivolous or insubstantial. Although the Railroad’s past practice is relevant to the merits of interpreting the contested CBA provision, it does not alter the minor nature of the dispute. See Conrail, 491 U.S. at 311, 318-19, 109 S.Ct. 2477; Alton & Southern Lodge No. 306 Bhd. Ry. Carmen v. Alton & Southern Ry. Co., 849 F.2d 1111, 1114 (8th Cir.1988) (holding evidence of past practice is not dispositive in the face of contrary CBA language). Contrary to the Union’s assertion, the district court treated the Railroad’s motion to dismiss as a facial attack on the complaint, not a factual attack; thus the Union received the benefit of the presumption its allegations were true and all favorable inferences were drawn in the Union’s favor.

Because the dispute is minor and subject to arbitration, we affirm the district court’s decision dismissing the complaint for lack of subject matter jurisdiction.

*

The Honorable Donald D. Alsop, United Slates District Judge for the District of Minnesota.