Thomas WEST, Appellant,
v.
CONRAIL, a Foreign Corporation; Brotherhood of Maintenance of Way Employees, Local No. 2906, a Foreign Corporation; New Jersey Transit, a Corporation of the State of New Jersey; and Anthony Vincent.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Submitted May 18, 1987.
Decided June 3, 1987.
Attorney(s) appearing for the Case
Louis B. Youmans, and Allen K. Mukaida, Trenton, N.J., for appellant.
J. Charles Sheak, Brener, Wallack & Hill, Princeton, N.J., William Birney, Highsaw & Mahoney, Louis P. Malone, III, General Counsel, Broth. of Maintenance of Way Employees, Washington, D.C., for appellee Broth. of Maintenance of Way Employees.
W. Cary Edwards, Atty. Gen. of New Jersey, and Jeffrey Burstein, Deputy Atty. Gen., Newark, N.J., for appellee New Jersey Transit Corp.
Before GIBBONS, Chief Judge, and SEITZ and STAPLETON, Circuit Judges.
United States Court of Appeals, Third Circuit.
Submitted Under Third Circuit Rule 12(6) May 18, 1987.
OPINION OF THE COURT
PER CURIAM:
In West v. Conrail,780 F.2d 361 (3d Cir.1985) we held that the service requirement of section 10(b) of the National Labor Relations Act, 29 U.S.C. § 160(b) (1982), applied in hybrid breach of contract/breach of duty of fair representation suits. The Supreme Court, however, reversed, holding that when the underlying...
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