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ELLENBOGEN v. RIDER MAINTENANCE CORP.

No. 1074, Docket 85-7926.

794 F.2d 768 (1986)

Robert M. ELLENBOGEN, Plaintiff-Appellant, v. RIDER MAINTENANCE CORP., New York City Taxi Drivers Union Local 3036, S.E.I.U., A.F.L.-C.I.O., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 24, 1986.

Attorney(s) appearing for the Case

Paul Alan Levy, Washington, D.C. (Alan B. Morrison, Public Citizen Litigation Group, Washington, D.C., of counsel), for plaintiff-appellant.

David Stolow, New York City (Donald F. Menaugh, P.C., New York City, of counsel), for defendant-appellee New York City Taxi Drivers Union Local 3036, S.E.I.U., A.F.L-C.I.O.

Harvey L. Greenberg, New York City (Washor, Greenberg & Washor, New York City, of counsel), for defendant-appellee Rider Maintenance Corp.

Before MANSFIELD, CARDAMONE and PIERCE, Circuit Judges.

CARDAMONE, Circuit Judge:

This is an appeal by an employee from an order dismissing his hybrid § 301/fair representation suit, 621 F.Supp. 324, brought against his employer and union under the Labor Management Relations Act (LMRA), 29 U.S.C. § 185 (1982). Appellant alleges in his complaint seeking reinstatement with back pay that his employer breached the collective bargaining agreement by discharging him and that the...

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