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BELL v. IML FREIGHT, INC.

No. 77-1296.

589 F.2d 502 (1979)

Harvey BELL et al., Plaintiffs-Appellants, v. IML FREIGHT, INC., et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided January 2, 1979.

Attorney(s) appearing for the Case

John A. Criswell, Englewood, Colo. (Criswell & Patterson, Englewood, Colo., with him on the brief), for plaintiffs-appellants.

Marvin Gittler, Chicago, Ill. (Asher, Greenfield, Goodstein, Pavalon & Segall, Ltd., Chicago, Ill., and Hornbein, MacDonald & Fattor, Denver, Colo., with him on the brief), for defendants-appellees Locals No. 961 and 971 and the individual defendants.

Martin Semple, Denver, Colo. (Robert G. Good and Good & Stettner, P.C., Denver, Colo., with him on the brief), for defendant-appellee IML Freight, Inc.

Before SETH, Chief Judge, and BREITENSTEIN and LOGAN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This is an action under § 301 of the Labor Management Relations Act, 29 U.S.C. § 185. The plaintiffs sue individually and on behalf of all similarly situated. The issue is the validity of a joint employer-union committee's decision which dovetailed certain seniority rights. Plaintiffs claim that under the collective bargaining agreement the committee exceeded its authority. The district court granted summary judgment for the...

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