The railroad applied to the Interstate Commerce Commission for permission to carry out a general program of rearrangement involving the abandonment of certain lines. The union appeared, and contended that if the commission were to grant the order, it should incorporate conditions for the benefit of employees who would be displaced or otherwise prejudiced by the abandonment. The commission permitted the abandonment, but held that it was without authority to impose any conditions for the protection of employees. The federal district court held that the commission had authority to impose the requested conditions; on appeal, held, it is within the power of the commission in abandonment proceedings to impose conditions for the protection of employees. Interstate Commerce Commission v. Railway Labor Executives Association, 315 U.S. 373, 62 S. Ct. 717 (1942).
Robert D. Ulrich,
RAILROADS - ABANDONMENT - POWER OF INTERSTATE COMMERCE COMMISSION TO AUTHORIZE ABANDONMENT SUBJECT TO CONDITIONS FOR PROTECTION OF EMPLOYEES,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol41/iss2/21