Legal Opinion

West Virginia Human Rights Commission v. United Transportation Union

West Virginia Supreme Court

Decided July 2, 1981No. 14212; No. 14213PublishedCited by 74 opinions

1Opinion of the Court

Harshbarger, Chief Justice:

Plaintiffs, seventeen black railway yardmen or former yardmen of the Norfolk and Western Railroad Company, charged their employer and United Transportation Union and its Local No. 655, their union, with racial discrimination. Their seniority system put blacks in inferior positions with lesser benefits.

A complaint was filed with the West Virginia Human Rights Commission on April 3, 1971, and subsequent complaints by other plaintiffs were consolidated for hearing. The railroad settled out, and James B. McIntyre, Hearing Examiner, heard the case against the unions in…

2Cases cited37 opinions

  1. International Brotherhood of Teamsters v. United StatesSupreme Court of the United States · 1977
  2. Griggs v. Duke Power Co.Supreme Court of the United States · 1971
  3. Franks v. Bowman Transportation Co.Supreme Court of the United States · 1976
  4. United Air Lines, Inc. v. EvansSupreme Court of the United States · 1977
  5. Steele v. Louisville & Nashville RailroadSupreme Court of the United States · 1944

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3Cited by74 opinions

  1. Mildred MARSHALL, Plaintiff-Appellant, v. MANVILLE SALES CORPORATION, Defendant-Appellee, and Robert L. Mason, DefendantCourt of Appeals for the Fourth Circuit · 1993
  2. Shepherdstown Volunteer Fire Dept. v. State Ex Rel. State Human Rights CommissionWest Virginia Supreme Court · 1983
  3. Barefoot v. Sundale Nursing HomeWest Virginia Supreme Court · 1995
  4. Frank's Shoe Store v. West Virginia Human Rights CommissionWest Virginia Supreme Court · 1986
  5. Stephen L.H. v. Sherry L.H.West Virginia Supreme Court · 1995

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