Civil Procedure Keyed to Subrin
Conley v. Gibson
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Petitioners worked for the railroad and belonged to the Brotherhood of Railway and Steamship Clerks, Local Union No. 28. Local 28 was Petitioners’ bargaining agent with the railroad. The railroad abolished 45 jobs belonging to petitioners and replaced them with whites or brought back some Petitioners except at a demoted status. The Respondent union did nothing to protect Petitioners. When Petitioners brought this suit, Respondents argued that the National Railroad Adjustment Board had exclusive jurisdiction, that the railroad should be made a party and that Petitioners failed to state a claim. The District court dismissed the case because the Adjustment Board had jurisdiction, and the Appellate court affirmed.
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