Barker v. Chesapeake & Ohio Railroad

ALICE M. BATCHELDER, Circuit Judge. This case on appeal presents claims of numerous plaintiffs that CSX Transportation violated provisions of section 707 of the Regional Rail Reorganization Act, resulting in damage to plaintiffs, and that their union breached its duty of fair representation in failing to assist plaintiffs in pursuing those claims. The district court dismissed plaintiffs claims for breach of duty of fair representation and breach of contract against the United Transportation Union ("Union") as barred by the statute of limitations. We hold that plaintiffs failed to state a claim against the Union, and therefore will affirm the district courts dismissal of plaintiffs claims against it. The district court also dismissed plaintiffs claims against CSX Transportation (the "Railroad" or "CSX") for lack of subject matter jurisdiction over plaintiffs claims or, alternatively, because plaintiffs lacked standing to bring their claims. For the reasons which follow, we will reverse the district courts dismissal of plaintiffs claims against the Railroad and remand for further proceedings.