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GALKE v. DUFFY

No. 610, Docket 80-7707.

645 F.2d 118 (1981)

Edmund L. GALKE, Plaintiff-Appellant, v. James J. DUFFY, Individually and as President of Local 138, International Union of Operating Engineers, AFL-CIO, and Local 138, International Union of Operating Engineers, AFL-CIO, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 23, 1981.

Attorney(s) appearing for the Case

Arthur Z. Schwartz, New York City (Hall, Clifton & Schwartz, New York City, of counsel), for plaintiff-appellant.

Robert D. Brady, New York City (Corcoran & Brady, New York City of counsel), for defendants-appellees.

Before KAUFMAN, OAKES and MESKILL, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

Edmund Galke challenges the reclassification of his seniority status by Local 138, International Union of Operating Engineers (Union) and its president James Duffy. The Union manages a hiring hall for operating engineers seeking employment in the construction industry in New York's Nassau and Suffolk Counties. Job referrals are based on an employee's "industry seniority date," which it defines as the first date of regular employment...

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