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Ollman v. Special Board of Adjustment No. 1063

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Argued: April 3, 2008

Before: LEVAL, CALABRESI, and WESLEY, Circuit Judges.

This case arose after Plaintiff-Appellant Laigth Ollman (“Ollman”), a former employee of Norfolk Southern Railway Company (“NSRC”), was charged (a) with conducting himself in an “unbecoming” manner while off duty and (b) with taking unjustified sick leave. After an investigation, NSRC dismissed him from his job, and Special Board of Adjustment No. 1063 (the “Board”) upheld that dismissal. His union, the Brotherhood of Locomotive Engineers (“BLE”), represented him in his disciplinary proceedings before NSRC, appealed his case to the Board, and presented his unsuccessful appeal at the ensuing Board hearing. Subsequently, Ollman, acting pro se, began this action in the United States District Court for the Western District of New York, alleging, inter alia: (1) that the Board, NSRC, and BLE (collectively, “Appellees”) violated the Railway Labor Act (the “RLA”), 45 U.S.C. § 151 et seq., because they failed to give him notice of the Board proceedings, and (2) that BLE violated its duty of fair representation. The District Court (Siragusa, J.) dismissed Ollman’s claims on summary judgment, and Ollman, pro se, filed a timely appeal.

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