Docket No. 05-1706-cv.

527 F.3d 239 (2008)

Laigth A. OLLMAN, Plaintiff-Appellant, v. SPECIAL BOARD OF ADJUSTMENT NO. 1063, Brotherhood of Locomotive Engineers, Norfolk Southern Railway Company, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 3, 2008.

Attorney(s) appearing for the Case

Lee G. Dunst, Gibson, Dunn & Crutcher LLP (Joshua Wilkenfeld, on the brief), New York, N.Y., for Plaintiff-Appellant.

William Kanter, Appellate Staff, Civil Division, U.S. Department of Justice (Peter D. Keisler, Terrance P. Flynn, Tara Leigh Grove, on the brief), Washington, D.C., for Defendant Appellee Special Board of Adjustment No. 1063.

Harold A. Ross, North Olmsted, OH, for Defendant-Appellee Brotherhood of Locomotive Engineers.

James S. Whitehead, Sidley Austin LLP, Chicago, IL, for Defendant-Appellee Norfolk Southern Railway Company.

Before: LEVAL, CALABRESI, and WESLEY, Circuit Judges.

CALABRESI, Circuit Judge.

This case arose after Plaintiff-Appellant Laigth Ollman ("Ollman"), a former employee of Norfolk Southern Railway Company ("NSRC"), was charged (a) with conducting himself in an "unbecoming" manner while off duty and (b) with taking unjustified sick leave. After an investigation, NSRC dismissed him from his job, and Special Board of Adjustment No. 1063 (the "Board") upheld that dismissal. His union...

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