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DELVECCHIO v. BROTHERHOOD OF LOCOMOTIVE ENGINEERS

No. 96-CV-7875.

39 F.Supp.2d 264 (1998)

Patrick V. DELVECCHIO, et al, Plaintiffs, v. BROTHERHOOD OF LOCOMOTIVE ENGINEERS, et al., Defendants.

United States District Court, W.D. New York.

December 23, 1998.

Attorney(s) appearing for the Case

E. Joseph Giroux, of counsel, Buffalo, NY, Norton N. Newborn, of counsel, Norton N. Newborn Co., L.P.A., Cleveland, OH, for plaintiffs.

Joseph E. O'Donnell, of counsel, Collins & Collins, P.C., Buffalo, NY, Harold A. Ross, of counsel, Ross & Kraushaar Co., L.P.A., Cleveland, OH, Brotherhood of Locomotive Engineers, Andrew J. Rolfes, of counsel, Consolidated Rail, Corp., Klett, Lieber, Rooney & Schorling, Philadelphia, PA, for defendants.

DECISION and ORDER

SIRAGUSA, District Judge.

The question to be decided on these summary judgment motions is whether a service fee, charged by the Brotherhood of Locomotive Engineers ("BLE") for representing non-BLE engineers, constitutes a violation of the Railway Labor Act, 45 U.S.C. § 152 Eleventh (c) and is a breach of the BLE's duty of fair representation under the Railway Labor Act, 45 U.S.C. § 152 Fourth. This very issue has been previously...

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