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TERRY v. CHAUFFEURS, TEAM. & HELPERS, LOCAL 391

No. Civ. C-83-693-WS.

81 B.R. 394 (1987)

Thomas C. TERRY, Dan Fields, Jim Crowe, Keith Barker, James A. Richards, Don Wright, David L. Giltz, Dale Bishop, Tony Baity, James R. Davis, Don Britt, Lonnie Davis, Jim Wilson, David C. King, Donald E. Henderson, Arthur Jarrell, Ron Ray, J.C. Greer, Gary Peebles, Harold Dyson, Ed Strange, Sam E. Callahan, George C. Blankenship, Jr., Paul Embry, Clayton Worley, John R. Marshal, and Robert C. Munsey, Plaintiffs, v. CHAUFFEURS, TEAMSTERS AND HELPERS, LOCAL 391; and McLean Trucking Company, Inc., Defendants.

United States District Court, M.D. North Carolina, Winston-Salem Division.

June 30, 1987.

Attorney(s) appearing for the Case

Ellen R. Gelbin, Robert M. Elliot, Winston-Salem, for plaintiffs.

J. David James, Greensboro, N.C., for defendants.

MEMORANDUM OPINION

BULLOCK, District Judge.

Plaintiffs allege that McLean Trucking Company, Inc. ("McLean") breached their collective bargaining agreement by transferring them to Winston-Salem and then laying them off after recalling other Winston-Salem truckers. Plaintiffs allege that the union colluded with McLean in implementing the lay-offs and in refusing to represent their claims against the company, thereby breaching its duty of fair representation...

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