No. 81-3072.

727 F.2d 617 (1984)

Larry ZAPP, et al., Plaintiffs-Appellants, v. UNITED TRANSPORTATION UNION and Consolidated Rail Corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 6, 1984.

Attorney(s) appearing for the Case

Dean E. Richards, Indianapolis, Ind., for plaintiffs-appellants.

John P. Price, Bingham, Summers, Welsh & Spilman, William A. Wick, White, Raub, Wick & Riegner, Indianapolis, Ind., for defendants-appellees.

Before CUMMINGS, Chief Judge, CUDAHY, Circuit Judge, and TIMBERS, Senior Circuit Judge.

CUDAHY, Circuit Judge.

Plaintiffs appeal from the judgment of the district court dismissing their Third Amended Complaint against their Union, the United Transportation Union (the "UTU"), and their employer, the Consolidated Rail Corporation ("Conrail"). We affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.

I. The Parties

Plaintiffs are 126 individual engineers and trainmen (this is not a class...

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