ABBOTT v. U.S.

No. 97-2254.

144 F.3d 1 (1998)

Dennis J. ABBOTT, III, et al., Plaintiffs, Appellants, v. UNITED STATES of America, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 27, 1998.


Attorney(s) appearing for the Case

James G. Noucas, Jr., with whom Christopher W. Keenan and Noucas & Keenan were on brief, for Plaintiffs.

Deborah Ruth Kant, Attorney, Department of Justice, with whom Frank W. Hunger, Assistant Attorney General, Jay P. McCloskey, United States Attorney, and Barbara C. Biddle, Attorney, Department of Justice, were on brief, for Defendant the United States.

Julia Akins Clark, for Defendant International Federation of Professional and Technical Engineers, AFL-CIO & CLC, Local 4.

Before LYNCH, Circuit Judge, COFFIN and BOWNES, Senior Circuit Judges.


LYNCH, Circuit Judge:

Engineering and technical employees at the Portsmouth Naval Shipyard felt they were not being paid overtime to which they were entitled. Their union filed a grievance and asked the employees specifically to notify the union if they wished to be part of the grievance. The union also used language which implied that those employees who did not join this grievance could later file grievances. A settlement...

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