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ETHIER v. UNITED STATES POSTAL SERVICE

No. 78-1197.

590 F.2d 733 (1979)

Steven F. ETHIER, Appellant-Plaintiff, v. UNITED STATES POSTAL SERVICE, M. A. Wright, R. E. Holding, Benjamin F. Bailar, William F. Bolger, Charles H. Codding, William A. Irvine, Crocker Nevin, Hayes Robertson, James V. P. Conway, James C. Gildea, James R. Braughton, Clarence B. Gels, John C. Schufman, Eugene C. Wald, Joseph Augustine, Rochelle Eastman, William Maurer, Harry R. Link, D. Erickson, A. De Marco, Richard Holst, Charles Jones, J. E. McCall, John H. Lloyd, George Moudry, George F. Mead, National Association of Letter Carriers, AFL-CIO, Branch 28, National Association of Letter Carriers, AFL-CIO, Appellees-Defendants.

United States Court of Appeals, Eighth Circuit.

Decided January 11, 1979.

Attorney(s) appearing for the Case

James F. McGovern and Michael L. James, McGovern & Paquin, Minneapolis, Minn., filed brief for appellant-plaintiff.

Stuart J. Blenner, Asst. Regional Labor Counsel, Law Dept., Office of Labor Law, U. S. Postal Service, Chicago, Ill., Andrew W. Danielson, U. S. Atty., and Mel I. Dickstein, Asst. U. S. Atty., Minneapolis, Minn., filed brief for appellee U. S. Postal Service.

Ronald L. Rollins, Krause, Rollins, Piper, Oman & Alvey, Minneapolis, Minn., and James R. Barnett, Associate Gen. Counsel, Nat. Assn. of Letter Carriers, AFL-CIO, Washington, D. C., filed brief for Unions.

Before HEANEY, STEPHENSON and HENLEY, Circuit Judges.

HEANEY, Circuit Judge.

Steven F. Ethier was employed by the United States Postal Service (USPS) as a letter carrier. He was a member of the National Association of Letter Carriers, AFL-CIO (NALC), and Branch 28 of that Association. He served from January, 1974, to January, 1975, as a steward of the Branch. The National Association is signatory to a collective bargaining agreement with the USPS.

On March 13, 1975, Ethier was served with a Notice of Proposed...

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