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07-351 - Gillerlain v. CSX Transportation, Inc. et al


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07-351 - Gillerlain v. CSX Transportation, Inc. et al
July 24, 2008
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ORDER: In the final analysis, plaintiff has failed to show a genuine factual dispute with respect to the grievance procedure and the Union's handling of his grievance to support his claim of breach of duty of fair representation. Thus, defendant UTU's Motion 47 to summary judgment is GRANTED. Since plaintiff's claim against his union fails, the claim for breach of contractagainst is employer must likewise fail. Accordingly, defendant, CSXTs Motion 43 for summary judgment is GRANTED. Signed by Judge Kristi K. DuBose on 7/24/08. Copies to parties on 7/25/08. (mpp)