Court of Appeals for the Ninth Circuit March 13, 2013, 11-35714 (United Transportation Union v. Bnsf Railway Company)

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED TRANSPORTATION No. 11-35714

UNION ; RICHARD D. KITE,

Plaintiffs-Appellants, D.C. No.

3:10-cv-05808-

v. RBL

BNSF RAILWAY COMPANY ,

Defendant-Appellee. OPINION

Appeal from the United States District Court

for the Western District of Washington

Ronald B.