|ROGER L. (BUCKY) MOORE, and all others similarly situated,||
|BROTHERHOOD OF LOCOMOTIVE ENGINEERS; UNION PACIFIC RAILROAD COMPANY,|
Moore has presented no evidence beyond the union agreement itself in support of his fair-representation claim or his claim to seniority rights. Likewise, he has offered no evidence that Union Pacific acted inappropriately. Therefore, his fair-representation claim fails. For the same reason, no violation of the union constitution is presented.
However, our holding does not preclude a claim that the collective bargaining agreements were unfair to Moore or suggest any decision as to whether that claim could be arbitrable under the New York Dock conditions,(1) or before the National Railroad Adjustment Board.(2)
ENTERED FOR THE COURT
Thomas M. Reavley
Senior Circuit Judge
*.This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
2.Honorable Thomas M. Reavley, United States Senior Circuit Judge for the Fifth Circuit, sitting by designation.
1. See New York Dock Ry. v. United States, 609 F.2d 83 (2d Cir. 1979).
2. See 45 U.S.C. § 153, First (i).