ALLEN v. CSX TRANSP., INC.

Nos. 01-6073 to 01-6075.

325 F.3d 768 (2003)

Arthur ALLEN et al. (01-6073), Randall S. Ballard et al. (01-6074), and Joe K. Fannin (01-6075), Plaintiffs-Appellants, v. CSX TRANSPORTATION, INC. and United Transportation Union, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed April 4, 2003.


Attorney(s) appearing for the Case

A.V. Conway II (briefed), Conway & Conway, Hartford, KY, Joseph A. McGee (briefed), Busald, Funk & Zevely, P.S.C., Florence, KY, for Plaintiffs-Appellants.

Ronald M. Johnson (briefed), Michael E. Ferrans (briefed), Akin, Gump, Strauss, Hauer & Feld, Washington, DC, Kevin C. Brodar (briefed), United Transportation Union, Cleveland, OH, for Defendants-Appellees.

Before: GILMAN and GIBBONS, Circuit Judges; POLSTER, District Judge.


OPINION

GILMAN, Circuit Judge.

The plaintiffs, all of whom are locomotive engineers, brought three separate suits against their employer, CSX Transportation, Inc.(CSX), and against the United Transportation Union (UTU), which represents trainmen in collective bargaining with CSX. They alleged that UTU had breached its duty of fair representation in reaching a particular collective bargaining agreement with CSX, and that CSX had colluded with UTU to breach...

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