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BOWMAN v. TENNESSEE VALLEY AUTHORITY

No. 83-5414.

744 F.2d 1207 (1984)

W. Eugene BOWMAN, Plaintiff-Appellant, v. TENNESSEE VALLEY AUTHORITY; Salary Policy Employee Panel; and Office and Professional Employees International Union, AFL-CIO, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 24, 1984.

Attorney(s) appearing for the Case

William M. Barker, Dietzen, Dietzen & Barker, J.W. Dietzen, Chattanooga, Tenn., John J. Fogarty (argued), Clearwater, Fla., for plaintiff-appellant.

Herbert S. Sanger, Jr., General Counsel, James E. Fox, Assoc. Gen. Counsel (argued) Justin M. Schwann, Sr., Asst. Gen. Counsel, Alvin M. Cohen, Tennessee Valley Authority, Knoxville, Tenn., S.D. Fuston, Chattanooga, Tenn., Joseph E. Finley, (Salary Policy) (argued), Baltimore, Md., for defendants-appellees.

Before LIVELY, Chief Judge, MARTIN, Circuit Judge, and KRENZLER, District Judge.

LIVELY, Chief Judge.

The question raised by this appeal is whether a collective bargaining agreement which contains neither a union shop nor an agency shop provision may validly grant a preference to union members over non-union employees in avoiding involuntary transfers.

I.

A.

The parties stipulated most of the facts. TVA is a governmental corporation created by the Tennessee Valley Authority Act of 1933, 16 U.S.C. §§ 831-831dd...

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