Raus v. Brotherhood Railway Carmen

ROSS, Circuit Judge.

Appellants challenge the district court’s 1 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…