SCOTT v. LOCAL 863, INTERN. BROTH. OF TEAM.

No. 83-5352.

725 F.2d 226 (1984)

SCOTT, William, Jr., Victor Shelton, James Johnson, Joseph Appezato, Daniel Davis, Izell Hodges, Thomas Czekay, James L'Heureux, Leonard Murawski, Peter Bober, Frank Nelson, Winston E. Thomas, Ora Lee Booker, Ralph L. Campbell, Jr., Robert Morris, Isaih Reece, Cordie Guyton, Leroy White, Ronnie Cox, Samuel C. Quainoo, Steve Guyton, James E. White, Prince Burwell, Frederick Simmons, William Scott, Adam Gordon, George Hill, Hal Porter, Alger Jenkins, Joseph Cogdell, Willie Lee Alexander, Walter Lee, Eugene Chestnut, David Thomas and Issiah Rolach, Appellants, v. LOCAL 863, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN, AND HELPERS OF AMERICA, Food Haulers, Inc., a Corporation Doing Business in the State of New Jersey, and Wakefern Food Corporation, a Corporation Doing Business in the State of New Jersey.

United States Court of Appeals, Third Circuit.

Decided January 13, 1984.

As Amended January 24, 1984.


Attorney(s) appearing for the Case

Craig & Edelstein, P.A., West Caldwell, N.J., for appellants.

Zazzali, Zazzali & Kroll, Newark, N.J., for Local 863, etc.; Kenneth I. Nowak, Newark, N.J., on the brief; Albert G. Kroll, Newark, N.J., of counsel.

Grotta, Glassman & Hoffman, P.A., Roseland, N.J., for Food Haulers, Inc., and Wakefern Food Corp.; Stephen A. Ploscowe, Roseland, N.J., of counsel; Donald B. Shanin, Roseland, N.J., on the brief.

Before ADAMS and BECKER, Circuit Judges, and NEWCOMER, District Judge.


Submitted Under Third Circuit Rule 12(6) November 16, 1983.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This is an appeal from the dismissal of a suit brought by 35 laid off employees against Local 863 of the International Brotherhood of Teamsters, Food Haulers, Inc., and Wakefern Food Corporation. The laid off employees charged Local 863 with a breach of the duty of fair representation and the companies with a breach of the collective bargaining...

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