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BROTHERHOOD OF LOCOMOTIVE v. UNITED TRANSP. UNION

No. 11-4177.

700 F.3d 891 (2012)

BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN, Petitioner-Appellant, v. UNITED TRANSPORTATION UNION, Defendant-Appellee, Norfolk Southern Railway Company, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

December 5, 2012.

Attorney(s) appearing for the Case

ON BRIEF: Michael S. Wolly , Zwerdling, Paul, Kahn & Wolly, P.C., Washington, D.C., for Appellant. Clinton J. Miller III , Erika A. Diehl , United Transportation Union, North Olmsted, Ohio, John B. Lewis , Jeffrey R. Vlasek , Baker & Hostetler LLP, Cleveland, Ohio, for Appellees.

Before: GUY, DAUGHTREY, and STRANCH, Circuit Judges.

OPINION

JANE B. STRANCH, Circuit Judge.

This appeal concerns a three-cornered dispute between two unions — the Brotherhood of Locomotive Engineers and Trainmen (BLET) and the United Transportation Union (UTU) — and an employer — the Norfolk Southern Railway Company (Norfolk) — that bargains with both of them. UTU filed a grievance on behalf of two of its members at Norfolk who alleged that they lost their seniority upon promotion...

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