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McCLENDON v. UNION PACIFIC R. CO.

No. 10-2166.

640 F.3d 800 (2011)

L.N. McCLENDON; Brotherhood of Locomotive Engineers and Trainmen, Plaintiffs-Appellants, v. UNION PACIFIC RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 19, 2011.

Attorney(s) appearing for the Case

Michael P. Persoon , argued, Thomas H. Geoghegan , on the brief, Chicago, IL, for appellant.

Clifford Alan Godiner , argued, St. Louis, MO, for appellee.

Before WOLLMAN, LOKEN, and SMITH, Circuit Judges.

LOKEN, Circuit Judge.

Historically, railroad engineers were members of the Brotherhood of Locomotive Engineers and Trainmen ("BLET"); conductors and other trainmen were members of the United Transportation Union ("UTU"). Today, with railroad jobs consolidated in a reduced workforce, engineers often work as trainmen and vice versa. But the unions have not merged, and the Railway Labor Act provides that an employee need only be a member of one union while working in...

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