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JEFFREYS v. COMMUNICATIONS WORKERS OF AMERICA

No. 03-1378.

354 F.3d 270 (2003)

Gary W. JEFFREYS; Larry S. Craig; Richard L. Lee; Jerry L. Hall, Jr.; James R. Peckinpaugh; Karla D. Umberger; Eric J. Lewis; James E. Vida; Jerry D. Watkins; William T. Starks; Kenneth W. Jannett; Vilena Hutchinson, formerly known as Vilena Broerman; Jayne M. Johnson; Vincent J. Caccavo; Margie B. Cook; David R. Sanchez, Plaintiffs-Appellants, v. COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, Defendant-Appellee, and US Airways, Incorporated, Suggestion of Bankruptcy filed 8/16/02, Defendant.

United States Court of Appeals, Fourth Circuit.

Argued: October 30, 2003.

Decided: December 31, 2003.

Attorney(s) appearing for the Case

ARGUED: William Beverly Poff, Woods, Rogerr & Hazlegrove, P.L.C., Roanoke, Virginia, for Appellants. Daniel M. Katz, Katz & Ranzman, P.C., Washington, D.C., for Appellee. ON BRIEF: Francis H. Casola, Frank K. Friedman, Woods, Rogers & Hazlegrove, P.L.C., Roanoke, Virginia, for Appellants. Louise P. Zanar, Katz & Ranzman, P.C., Washington, D.C., for Appellee.

Before WILKINSON and TRAXLER, Circuit Judges, and Robert E. PAYNE, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge TRAXLER and Judge Payne joined.

OPINION

WILKINSON, Circuit Judge:

In the wake of September 11, U.S. Airways, Inc. ("USAir") was forced by financial distress to close many of its smaller stations and furlough thousands of employees. The union representing the affected employees, the Communication Workers of America, objected to the airline's planned furlough system, and...

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