BROTHERS v. UNITED TRANSPORTATION UNION FUND

83-2851-J-1; CA A35717.

726 P.2d 936 (1986)

81 Or. App. 541

H. William BROTHERS, Leo F. Cave and Donald J. Ross, Appellants, v. UNITED TRANSPORTATION UNION FUND, and its Administrator, John Shepherd, Respondents.

Court of Appeals of Oregon.

Decided October 15, 1986.


Attorney(s) appearing for the Case

John L. Hilts, Medford, filed briefs for appellants.

Larry C. Hammack, Medford, filed brief for respondents.

Before RICHARDSON, P.J., and WARDEN and VAN HOOMISSEN, JJ.


RICHARDSON, Presiding Judge.

Plaintiffs appeal a judgment dismissing their complaint for lack of subject matter jurisdiction on the basis that their claim is subject to the Railway Labor Act (RLA), 45 U.S.C. § 151 et seq. We reverse.

Plaintiffs are employes of Southern Pacific Transportation Company and were "held out of service" for alleged misconduct. The employer conducted a formal investigation, held a hearing and issued a formal charge letter...

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