ICC v. Brotherhood of Locomotive Engineers
United States Supreme Court
482 U.S. 270 (1987)
The ICC (defendant) approved railroad merger applications along with competing railroads' requests for trackage rights using their own crews; the Brotherhood of Locomotive Engineers (BLE) (plaintiff) petitioned for clarification arguing the ICC lacked jurisdiction over crewing issues, which the ICC denied, and BLE's subsequent petitions for reconsideration on the same record were also denied. BLE then sought judicial review of both the original denial and the later reconsideration denial; the court of appeals vacated both orders, and the ICC petitioned for certiorari.
Whether an Interstate Commerce Commission order denying rehearing on the same record that was before the agency at the time of the original order is subject to judicial review.