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HOGAN v. BROTHERHOOD OF RAILWAY CLERKS

No. 86-3976.

817 F.2d 248 (1987)

Virginia B. HOGAN; Patt G. Abercrombie; Joyce C. Bailey; Calvin S. Barksdale; Darlene S. Bell; Virginia R. Branstetter; Gail B. Candis; Larry E. Covington; Betty P. Doss; Tommy L. Firebaugh; Jeanne F. Hall; Brenda M. Horne; Jill W. Hurt; Frank A. Lang; Robert L. Mack; William W. Manning; Hazel F. Maultsby; Shirley H. Minter; John P. Pinkard; Judith B. Pinkard; Lois M. Radcliff; Larry A. Rowe; C. Marshall Smith, III; Wallace E. Sutphin; Rufus H. Waggoner, III; Nancy G. Wells; Paul F. Willard; Belle S. Wyatt; Diane B. Babb; Mary T. Black; Ruby C. Whorley; Walter G. Bandy; Sherry M. Griffith; Joyce B. Watson; Elaine F. Parks; Ramona J. Ellis; Sara C. German; Michael R. Hopkins; Margie P. Stinnett; Jessie T. Swiercinski; Betty D. Sublett, and all others similarly situated, Plaintiffs-Appellants, v. BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES; Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees, ConRail System Board of Adjustment No. 86; Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees, Macarthur Lodge No. 1090; Brotherhood of Railway Airline and Steamship Clerks, Freight Handlers, Express and Station Employees, Cavalier Lodge No. 537, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 10, 1987.

Attorney(s) appearing for the Case

Raymond John LaJeunesse, Jr. (National Right to Work Legal Defense Foundation, Inc., on brief), for plaintiffs-appellants.

Edgar N. James (Joseph Guerrieri, Jr., John A. Edmond, Guerrieri & Sweeney, P.C., Gary E. Tegenkamp, Woodward, Fox, Wooten & Hart, Mitchell M. Kraus, Broth. of Ry. and Airline Clerks, on brief), for defendants-appellees.

Before RUSSELL, Circuit Judge, BUTZNER, Senior Circuit Judge, and SENTELLE, United States District Judge for the Western District of North Carolina, sitting by designation.

PER CURIAM:

This is a class suit by certain long-time employees of the Norfolk and Western Railway (N & W) and its parent corporation, Norfolk Southern Corporation. At the time of their employment the employees had a collective bargaining contract with the Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees (BRAC). Under this contract, all employees covered by the collective...

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