ONEY v. KANSAS CITY SOUTHERN RY. CO.

No. 2:95-CV-015.

3 F.Supp.2d 729 (1997)

Roger ONEY, Plaintiff, v. KANSAS CITY SOUTHERN RAILWAY COMPANY, Defendant.

United States District Court, E.D. Texas, Marshall Division.

November 24, 1997.


Attorney(s) appearing for the Case

John Dale Sloan, Jr., Sloan & Price, Longview, TX, for Plaintiff.

William Stephen Boyd, Worsham Forsythe & Wooldridge, Dallas, TX, for Defendant.


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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