UNITED TRANSP. UNION LOCAL 1745 v. ALBUQUERQUE

Nos. 97-2394, 97-2400.

178 F.3d 1109 (1999)

UNITED TRANSPORTATION UNION LOCAL 1745; Robert C. Gutierrez, Chairman; John D. Hunter, President; John Barnes, Anthony Chavez, David Lovato, Dorothea Montano, Dale J. Padilla, Jacob Romero, Leroy Saavedra, Patricia Sandoval, and similarly situated Motorcoach Operators, Plaintiffs-Appellees/Cross-Appellants, v. City of ALBUQUERQUE; Martin Chavez, Mayor; and Lawrence Rael, Chief Administrative Officer, Defendants—Appellants/Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

May 28, 1999.


Attorney(s) appearing for the Case

Edward W. Bergmann, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Illinois (Noah A. Finkel, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Illinois, and Charles W. Kolberg, City of Albuquerque, Albuquerque, New Mexico, with him on the briefs), for Appellants/Cross-Appellees.

Paul S. Livingston, Albuquerque, New Mexico (Daniel R. Elliott III and Kevin C. Brodar, United Transportation Union, Cleveland, Ohio, with him on the briefs), for Appellees/Cross-Appellants.

Before SEYMOUR, Chief Judge, ANDERSON, and BRISCOE, Circuit Judges.


STEPHEN H. ANDERSON, Circuit Judge.

Plaintiffs-Appellees are 155 bus drivers employed by defendant-appellant, the City of Albuquerque ("City").1 Most of them work "split shifts," in that they work a morning shift and a late afternoon shift, separated by a three to five-hour split shift period in which they are free to do what they wish, before reporting back at a specific location to begin their second shift. The drivers brought this action...

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