Raus v. Brotherhood Railway Carmen of United States and Canada Book Reviews

Raus v. Brotherhood Railway Carmen of United States and Canada by Eighth Circuit United States Court of Appeals Book Summary

Appellants challenge the district court's1 orders granting the appellee railroad's motion for judgment on the pleadings and the appellee union's motion to dismiss under Fed.R.Civ.P. 12. The district court sustained these motions based on its conclusion that it lacked subject matter jurisdiction over the appellant's claims.2 For the reasons stated herein, this court must affirm in part and reverse and remand in part to the district court. I. Background Appellants are three employees of the Chicago and Northwestern Transportation Company and members of the Brotherhood of Railway Carmen of the United States and Canada. In January of 1980 these employees filed a complaint in federal district court against the railroad and union loosely alleging that the railroad breached the collective bargaining agreement it had with the union by not allowing the appellant employees to enter an apprentice training program. The appellants also alleged that the union violated its duty of fair representation by not enforcing their rights under the collective bargaining agreement. Appellants asserted that the Labor Management Relations Act (LMRA), 29 U.S.C. §§ 141-185, provides the statutory authority for their suit in federal district court.3

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