United States Second Circuit

In an action instituted by a plaintiff-employee alleging that his former employer, labor union, and a special board of adjustment violated the Railway Labor Act, dismissal of plaintiff's claims on summary judgment is affirmed where: 1) plaintiff failed to show the existence of a genuine issue of material fact negating his union's authority to represent him before the board, and it was undisputed that union received "due notice" of the board proceeding; 2) whereas a special adjustment board's awards may be reviewed by a district court, a board is not a proper party to petition for review; and 3) plaintiff's claim against the union for breaching its duty of fair representation had already been dismissed in a prior decision.

Appellate Information

• Decided 06/03/2008
• Published 06/03/2008

Judges

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

Court

• United States Second Circuit

Counsel

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


• For Appellees:
  
• 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.