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W. VA. H.R. COM'N v. UNITED TRANSP., ETC.

Nos. 14212, 14213.

280 S.E.2d 653 (1981)

WEST VIRGINIA HUMAN RIGHTS COMMISSION etc., et al. and Wendell English, et al. v. UNITED TRANSPORTATION UNION, LOCAL NO. 655, et al. WEST VIRGINIA HUMAN RIGHTS COMMISSION, etc. v. UNITED TRANSPORTATION UNION, LOCAL NO. 655, et al.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion July 27, 1981.

Attorney(s) appearing for the Case

Chauncey H. Browning, Atty. Gen., and Gail Ferguson, Asst. Atty. Gen., Charleston, for W. Va. Human Rights Commission.

Henderson & Redd and Herbert H. Henderson, Huntington, for Wendell English, et al.

Preiser & Wilson, Donald R. Wilson and Fanny L. Haslebacher, Charleston, for appellees.

HARSHBARGER, Chief Justice:

Plaintiffs, seventeen black railway yardmen or former yardmen of the Norfolk and Western Railroad Company, charged their employer and United Transportation Union and its Local No. 655, their union, with racial discrimination. Their seniority system put blacks in inferior positions with lesser benefits.

A complaint was filed with the West Virginia Human Rights Commission on April 3, 1971, and subsequent complaints by other plaintiffs...

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