RICHINS v. SOUTHERN PAC. CO.

No. 78-1887.

620 F.2d 761 (1980)

Clark B. RICHINS, Bernie L. Stark, Ralph G. Victor, Paul Bennett, Earl F. Dustin, Mike Clem Merrill, Steven R. Hymus, Plaintiffs-Appellants, v. SOUTHERN PACIFIC COMPANY (Pacific Lines); Brotherhood of Railway Carmen of the United States and Canada; System Federation No. 114, Railway Employees Department, AFL-CIO; Lodge # 635, Does 1 through 50, Inclusive, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided April 28, 1980.


Attorney(s) appearing for the Case

Robert A. Bush of Taylor, Roth & Grant, Los Angeles, Cal., for plaintiffs-appellants.

L. Ridd Larson of Ray, Quinney & Nebeker, Salt Lake City, Utah, William F. Adams, Robert S. Bogason and Gary A. Laakso, San Francisco, Cal., with him on brief, for defendant-appellee Southern Pac. Co.

Thomas A. Woodley, Washington, D. C., Edward J. Hickey, with him on brief, Mulholland, Hickey, Lyman, McCormick, Fisher & Hickey, Washington, D. C., for Union defendants-appellees.

Before McWILLIAMS, BARRETT and McKAY, Circuit Judges.


McKAY, Circuit Judge.

Seven employees or former employees of the Southern Pacific Transportation Company (Railroad) brought this suit against the Railroad and the Brotherhood of Railway Carmen and two of its subordinate organizations (Union). The seven allege that they were demoted and then laid off in violation of the applicable collective bargaining agreement and that the Union breached its duty of fair representation by failing to enforce the agreement. The plaintiffs...

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