UNITED TRANSP. UNION v. GATEWAY WESTERN RY. CO.

No. 95-2004.

78 F.3d 1208 (1996)

UNITED TRANSPORTATION UNION, Plaintiff-Appellant, v. GATEWAY WESTERN RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 12, 1996.


Attorney(s) appearing for the Case

Norton N. Newborn, argued, Clinton J. Miller, III, Daniel R. Elliott, III, United Transp. Union, Cleveland, OH, F. Lance Callis, Callis, Papa, Hale, Jensen, Jackstadt, Bailey & Halloran, Granite City, IL, for plaintiff-appellant.

Robert H. Wheeler, argued, Thomas J. Litwiler, Oppenheimer, Wolff & Donnelly, Chicago, IL, for defendant-appellee.

Before WOOD, Jr., ROVNER and EVANS, Circuit Judges.


ILANA DIAMOND ROVNER, Circuit Judge.

The United Transportation Union ("UTU"), which represents certain train service employees of the Gateway Western Railway Company ("GW"), alleges that GW violated the Railway Labor Act ("RLA"), 45 U.S.C. § 151 et seq., when its wholly-owned subsidiary began operating with non-union employees. The district court dismissed UTU's complaint for lack of subject matter jurisdiction, finding that UTU had alleged a representation...

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