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| | No. 01-939: Swonger v. Surface Transportation Board - Opposition |
 | | The arbitrator concluded that a public transportation benefit would result from the hub-and-spoke operation at Salina and that both the seniority provisions and the establishment of Herington as the home terminal were related to the successful implementation of that hub-and-spoke operation. |
 | | Surface Transportation Board, 108 F.3d 1425 (1997), the court of appeals recognized that seniority rights must be modified in some manner in nearly all railroad mergers. |
 | | In United Transportation Union, the D.C. Circuit, like the court of appeals here (id. at 8), sustained the Board's conclusion that "rights, privileges, and benefits" are those collective "incidents of employment, ancillary emoluments or fringe benefits" like life insurance, medical care, and sick leave, but do not extend to such individualized concerns as seniority. |
| www.usdoj.gov /osg/briefs/2001/0responses/2001-0939.resp.html (2003 words) |
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