Maintenance of Way Employees v. United States,
366 U.S. 169 (1961)

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U.S. Supreme Court

Maintenance of Way Employees v. United States, 366 U.S. 169 (1961)

Brotherhood of Maintenance of Way Employees v. United States

No. 681

Argued March 28, 1961

Decided May 1, 1961

366 U.S. 169


As a condition of its approval of any merger of two or more railroads, § 5(2)(f) of the Interstate Commerce Act provides that the Interstate Commerce Commission "shall require a fair and equitable arrangement to protect the interests of the railroad employees affected," including a requirement that, for at least the length of his prior service up to four years, such merger shall not result in any employee's "being in a worse position with respect to" his employment.

Held: this does not require that all employees remain in the employ of the surviving railroad for at least the length of their previous employment up to four years; it is satisfied by a requirement that discharged employees receive adequate compensation benefits. Pp. 366 U. S. 169-179.

189 F. Supp. 942, affirmed.

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