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BIESKI v. EASTERN AUTOMOBILE FORWARDING COMPANY

No. 16954.

396 F.2d 32 (1968)

Lawrence E. BIESKI et al. v. EASTERN AUTOMOBILE FORWARDING COMPANY, Inc., M & G Convoy, Inc., and Highway Truck Drivers and Helpers, Local 107, an Unincorporated Association, Affiliated With the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America Eastern Conference Automobile Transporters Joint Committee and Joseph A. Socklosky, Adam Dorosky and William Greenly, Acting on Their Own Behalf and on Behalf of Approximately Eighty-one Other Drivers Presently Employed by M & G Convoy, Inc., Intervenors Lawrence E. Bieski et al., Appellants.

United States Court of Appeals Third Circuit.

Decided May 29, 1968.

Rehearing Denied June 27, 1968.

Attorney(s) appearing for the Case

Bernard Balick, Aerenson & Balick, Wilmington, Del. (Edward B. Bergman, Solo, Bergman & Trommer, Philadelphia, Pa., on the brief), for appellants.

R. Ian Hunter, Matheson, Dixon & Bieneman, Detroit, Mich. (Joseph T. Walsh, Wilmington, Del., on the brief), for corporate appellees, Eastern Automobile Forwarding Co., Inc. and M & G Convoy, Inc.

Hugh J. Beins, Washington, D. C., for appellee, Eastern Conference Automobile Transporters.

James J. Martin, Philadelphia, Pa. (Alvin M. Chanin, Philadelphia, Pa., on the brief), for Joseph A. Socklosky, and others, intervenors-appellees.

Before HASTIE, Chief Judge, and SEITZ and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This appeal is from an order of the District Court granting the defendants-appellees' motion for summary judgment. The underlying controversy in this case concerns certain seniority rights under a collectively-bargained labor agreement. There being substantial allegations that the seniority rights, if any, arise from such a contract and that recourse may lie for an alleged...

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