Wayne McKinney v. International Association of MacHinists and Aerospace Workers, District Lodge No. 1450, I.A.M., and Southern Railway Co.

HARRY PHILLIPS, Senior Circuit Judge.

This action against the Southern Railway Company and the plaintiffs’ Union involves a dispute over seniority rights. Appellants charge that the Railway Company violated an employment contract between it and appellants by hiring journeyman mechanics or machinists and promoting these employees over the appellants. They further charge that the Union, as their collective bargaining representative, breached its duty of fair representation owed to appellants.

District Judge Frank W. Wilson granted summary judgment in favor of the Railway Company and Union and…