Larry HAGERMAN; Chester Allen; Randal Baker; Robert Barney; Raymond Bartholomew; Richard Biocic; Dixon Black; Rod Bonnell; Paul Brennan; Brian Bruns; Steve Butters; Larry Cholas; Mark Clair; John Craig; Mike Crouse; Harold Davis; Daryll Duncan; Alan Enger; Kevin Furguson; John Finley; Randy Finkbiner; Ruben Flores; Jay Fuller; Lewis Fraser; Don Hagerman; Gary Haller; Dan Hartford; Michael Henderson; Steve Hickman; John Johnston; William Kelly; Randy Kerr; Lance Koncher; Rich Krumpotich; Don Lenard; Wanda Locke; David McIntyre; Mike McGarvey; Kent McDonald; Steve McFarland; Michael McGuinn; Harrison Monroe; Jesse Needles; Fred Nelson; Ralph Niau; Art Nicolson; Richard O'Conner; Rick Ostlund; Paul Peterson; Alan Sillitoe; Joseph Schumann; Clint Smith; Lamar Smith; Charles Steele; Mark Tittle; Steven Tucker; Ken Waterman; Joseph Watts; Jeff Westergard; Mr. Willog; Rod Wiseman; Kurt Williamson; Dan Willoughby; Rodney Wright; Rick Wyres; Kevin Binkley; Norm Brown; Michael D. Colson; Pat Dalton; Mike Dunning; Labaron Force; Rick Greener; Charles Harmon; Dale Janney; Mitch Johnson; A.E. Jordan; Shelley Konchar; Rick Matthew; D.W. Pace; Kirk Popish; W.P. Price; Larry Romero; Joel Stamatakis; Gerry Vigil; Ernest Worsham, Plaintiffs-Appellants,
v.
UNITED TRANSPORTATION UNION, an unincorporated labor organization; United Transportation Union General Committee Adjustment Denver Rio Grande Western/SP Lines; United Transportation General Committee Adjustment Eastern District; United Transportation Union International; United Transportation Union Local 500; Union Pacific Railroad Company; United States Department of Transportation; The Surface Transportation Board; Rodney E. Slater, Secretary of the United States Department of Transportation; Brotherhood of Locomotive Engineers; Brotherhood of Locomotive Engineers, Local Union No. 429; Brotherhood of Locomotive Engineers, Local Union No. 888; Brotherhood of Locomotive Engineers, Local Union No. 488; Brotherhood of Locomotive Engineers, Local Union 29; United Transportation Union, Local 1650; United Transportation Union, Local 1857, Defendants-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
March 4, 2002.
March 4, 2002.
Attorney(s) appearing for the Case
Earl K. Madsen of Bradley, Campbell & Madsen, LLP, Golden, CO (Steven W. Watkins of Bradley, Campbell & Madsen, LLP, Golden, CO; Paul X. McMenaman; and Robert F. Gauss, Evergreen, CO, with him on the brief), for Plaintiffs-Appellants.
Brenda J. Council of Kutak Rock LLP, Omaha, NE, for Defendant-Appellee Union Pacific Railroad Company.
Michael S. Wolly of Zwerdling, Paul, Leibig, Kahn, Thompson & Wolly, P.C., Washington, DC (Harold A. Ross of Ross & Kraushaar Co., L.P.A., Cleveland, OH; and David B. Kiker of Rossi, Cox, Kiker & Inderwish, Aurora, CO, with him on the brief), for Brotherhood of Locomotive Engineers and Local Union No. 429, Local Union No. 888, Local Union No. 488 and Division 29, the Brotherhood of Locomotive Engineers, Defendants-Appellees.
Marilyn R. Levitt, Attorney, Surface Transportation Board, Washington, DC (Ellen D. Hanson, General Counsel, and Craig M. Keats, Deputy General Counsel, Surface Transportation Board, Washington, DC; Richard T. Spriggs, United States Attorney, and Mark S. Pestal, Assistant U.S. Attorney, Denver, CO, with her on the brief), for Federal Defendants-Appellees.
Joseph Guerrieri, Jr., of Guerrieri, Edmond & Clayman, P.C., Washington, DC, for United Transportation Union and United Transportation Union Locals No. 500, 1857, and 1650, Defendants-Appellees.
Before SEYMOUR, Circuit Judge, BRORBY, Senior Circuit Judge, and LUCERO, Circuit Judge.
United States Court of Appeals, Tenth Circuit.
SEYMOUR, Circuit Judge.
Employees and former employees of various railroads filed suit in 1998 against their employers and their unions after their jobs changed in connection with the merger of their employer railroads into one railroad entity. The district court granted summary judgment to defendants, and plaintiffs now appeal. For the reasons stated below, we affirm.
I
In 1995, several railroad entities...
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