OPINION MEMORANDUM
COBB, District Judge.
I. BACKGROUND
Plaintiff Roger Oney sued against the defendant, Kansas City Southern Railway Company (KCS) alleging that KCS denied him a promotion because of his membership in the Brotherhood of Maintenance of Way Employees Union (Union), and by exercising his rights under the Collective Bargaining Agreement (CBA) between the union and the KCS. Under the CBA's provisions, an employee
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