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AUGSPURGER v. BROTHERHOOD OF LOCOMOTIVE ENGINEERS

No. 74-1363.

510 F.2d 853 (1975)

Merrild AUGSPURGER et al., Appellants, v. BROTHERHOOD OF LOCOMOTIVE ENGINEERS, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 4, 1975.

Attorney(s) appearing for the Case

James T. Hansing, Thiel, Sorenson & Hansing, Minneapolis, Minn., for appellant.

Harold A. Ross, Ross & Kraushaar, Cleveland, Ohio, for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, HEANEY, Circuit Judge, and MEREDITH, Chief District Judge.

HEANEY, Circuit Judge.

The plaintiffs, Division 746 of the Brotherhood of Locomotive Engineers [Union] and seventeen members of that division, brought this action in federal District Court, alleging that the Union had breached its duty of fair representation under the Railway Labor Act, 45 U.S.C. § 151 et seq., in the process of compiling a consolidated seniority roster following the merger of several railway carriers. The District Court dismissed the complaint...

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