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ABF FREIGHT SYSTEM v. INTERN. BROTH. OF TEAMSTERS

No. 11-1159.

645 F.3d 954 (2011)

ABF FREIGHT SYSTEM, INC., Plaintiff-Appellant, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, as and for themselves and as representatives of a class of teamsters local unions that are parties to the National Master Freight Agreement; Teamsters National Freight Industry Negotiating Committee, as and for themselves and as representatives of a class of teamsters local unions that are parties to the National Master Freight Agreement; Teamsters Local Union 373, as and for themselves and as representatives of a class of teamsters local unions that are parties to the National Master Freight Agreement; Teamsters Local Union 878, as and for themselves and as representatives of a class of teamsters local unions that are parties to the National Master Freight Agreement; YRC, Inc.; New Penn Motor Express, Inc.; USF Holland, Inc.; Trucking Management, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 6, 2011.

Attorney(s) appearing for the Case

Thomas G. Hungar , argued, Washington, DC, Robert C. Long , Robert F. Millman , and Gerald T. Hathaway , on the brief, Fayetteville, AR, for appellant.

Carl H. Gluek , argued, T. Merritt Bumpass, Jr. , on the brief, Cleveland, OH, for appellee, Trucking Management.

John F. Hartmann , argued, Chicago, IL, Christopher Landau , John S. Irving , Washington, DC, Joshua Z. Rabinovitz , Wendy Netter Epstein , Chicago, IL, on the brief, for appellees, YRC, New Penn Motor Express and USF Holland.

Samuel Morris , argued, Memphis, TN, Melva Harmon, on the brief, Little Rock, AR, for appellees, Teamsters National Freight Industry Negotiating Committee, IBT, Teamsters Local Union 373 and Teamsters Local Union 878.

Before RILEY, Chief Judge, BENTON and SHEPHERD, Circuit Judges.

BENTON, Circuit Judge.

ABF Freight System, Inc., sued YRC, Inc., New Penn Motor Express, Inc., USF Holland Inc. (collectively, "YRC"), the International Brotherhood of Teamsters and two of its locals (collectively, the "Union"), and the bargaining representatives of YRC and the Union (collectively, with YRC and the Union, "defendants"), for violation of a collective-bargaining agreement. The district court dismissed ABF's complaint for lack of subject-matter jurisdiction...

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