BAZARTE v. UNITED TRANSPORTATION UNION

No. 18464.

429 F.2d 868 (1970)

Nilo A. BAZARTE v. UNITED TRANSPORTATION UNION, an Unincorporated Association and William Penn Lodge No. 319, an Unincorporated Association Affiliated with the United Transportation Union, Appellants.

United States Court of Appeals, Third Circuit.

Decided August 17, 1970.


Attorney(s) appearing for the Case

L. Carter Anderson, Rawle & Henderson, Philadelphia, Pa., for appellants.

Robert M. Abramson, Solo, Abrams, Bergman, Trommer & Padova, Philadelphia, Pa., for appellee.

Before FREEDMAN, VAN DUSEN and ADAMS, Circuit Judges.


OPINION OF THE COURT

FREEDMAN, Circuit Judge.

The primary question which this case presents is whether there was sufficient evidence to justify a jury's finding that the defendant union failed in its duty of fair representation in prosecuting plaintiff's grievance against his discharge by his employer.

Plaintiff was employed as a railroad fireman by the Baltimore and Ohio Railroad Company on a shift from 3:15 p. m. to 11:15 p. m., subject to being...

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