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RATKOSKY v. UNITED TRANSP. UNION

No. 87-3175.

843 F.2d 869 (1988)

Ronald J. RATKOSKY; Paul B. Brossard; Cloyd G. Case; Ray W. Coontz; J. Dipuccio; James D. Fogarty; Charles H. Girts; Robert Hanus; William C. Hansen; Rolf J. Haltrich; John H. Harrington; Thomas A. Kawecki; et al., Plaintiffs-Appellants, v. UNITED TRANSPORTATION UNION; Consolidated Rail Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed March 24, 1988.

Attorney(s) appearing for the Case

Wallace R. Steffen (argued), Cleveland, Ohio, for plaintiffs-appellants.

Norton N. Newborn (argued), Norton N. Newborn Co., L.P.A., Helen Kryshtalowych, Squire, Sanders & Dempsey, Cleveland, Ohio, Ronald J. James, Jeffrey H. Burton (argued), Consol. Rail Corp., Philadelphia, Pa., for defendants-appellees.

Before: MILBURN and GUY, Circuit Judges, and CONTIE, Senior Circuit Judge.

RALPH B. GUY, Jr., Circuit Judge.

Plaintiffs, fifty railroad workers, filed suit against the United Transportation Union (UTU or the Union) and the Consolidated Rail Corporation (Conrail) seeking damages and a change in their seniority rights. Specifically, plaintiffs brought a claim for "equitable reformation" of the collective bargaining agreement. Plaintiffs also alleged that the UTU breached its duty of fair representation to its members. Finally, plaintiffs alleged...

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