[DOWNLOAD] "Wisconsin Central, Ltd. v. Shannon" by United States Court of Appeals for the Federal Circuit # Book PDF Kindle ePub Free

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eBook details

• Title: Wisconsin Central, Ltd. v. Shannon
• Author : United States Court of Appeals for the Federal Circuit
• Release Date : January 26, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 79 KB

Description

Wisconsin Central, LTD. ("WCL"), an interstate railroad company, brought a suit seeking declaratory and injunctive relief in federal court after the Illinois Department of Labor ("the IDOL") began investigating claims that WCL had violated overtime regulations under the Illinois Minimum Wage Law, 820 ILL. COMP. STAT. 105/4a. The basis for WCLs suit was that the States overtime provisions were preempted by federal law. This preemption argument was based on two separate grounds: (1) that enforcing the Illinois law would require interpreting provisions in WCLs collective bargaining agreements ("CBAs") and was thus preempted by the federal Railway Labor Act ("RLA"), 45 U.S.C. §§ 151-188, which required that all CBA disputes be resolved in arbitration; and (2) that Congresss regulation of the railways was so vast that field preemption applied. On cross-motions for summary judgment, the district court found for WCL on the first preemption claim, and thus did not address the field preemption issue. For the following reasons, we find that the issue of preemption under the RLA was not ripe for consideration, but that Congress has so occupied the field of railway regulation that Illinoiss overtime law is preempted as applied to the railways.

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