McQUESTION v. NEW JERSEY TRANSIT RAIL OPERATIONS

No. 93-5515.

30 F.3d 388 (1994)

Richard M. McQUESTION, Appellant, v. NEW JERSEY TRANSIT RAIL OPERATIONS, INC., Appellee. Louis A. HART, Appellant, v. NEW JERSEY TRANSIT RAIL OPERATIONS, INC., Appellee.

United States Court of Appeals, Third Circuit.

Decided July 6, 1994.

As Amended on Denial of Rehearing August 11, 1994.


Attorney(s) appearing for the Case

Thomas M. McCarthy, Red Bank, NJ, for appellants Richard M. McQuestion and Louis A. Hart.

Fred Devesa, Acting Atty. Gen. of New Jersey, Joseph L. Yannotti, Asst. Atty. Gen., Robert A. Shire, Deputy Atty. Gen., Trenton, NJ, for appellee New Jersey Transit Rail Operations, Inc.

Before: MANSMANN, NYGAARD, and WEIS, Circuit Judges.


Submitted Pursuant To 3rd Cir. LAR 34.1(a) January 28, 1994.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal, we hold that under the Railway Labor Act, 45 U.S.C. § 151 et seq., grievances arising from the discharges of two employees should be arbitrated by the National Railroad Adjustment Board. We conclude that, despite the absence of a formally ratified collective bargaining agreement, a de facto agreement existed and...

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