United Transportation Union, Local 74 v. Consolidated Rail Corp., United Transportation Union

JOHN W. PECK, Senior Circuit Judge.

This duty of fair representation case under the Railway Labor Act, 45 U.S.C. § 151 et seq., was resolved in favor of defendant United Transportation Union (“UTU”) in a bench trial, following the district court’s grant of UTU’s motion to strike the jury demand made in plaintiff United Transportation Union, Local 74’s (“Local 74”) Second Amended Complaint. For the reasons stated below, we conclude that Local 74 was entitled to the jury trial that it requested. We further hold that there are facts upon which reasonable jurors could conclude both that it would…