BNSF

Appellant Inter-Modal Rail Employees Association appeals from judgment on the pleadings entered for respondents The Burlington Northern and Santa Fe Railway Company, In-Terminal Services, Inc., and Mi-Jack Products, Inc. After review, we reverse and remand for further proceedings.

I. Procedural And Factual Background

In this action for wrongful termination and unfair business practices, the plaintiff and appellant is the Inter-Modal Rail Employees Association (hereafter IMREA), and the defendants and respondents are The Burlington Northern and Santa Fe Railway Company (hereafter BNSF), Mi-Jack Products Inc., and its subsidiary In-Terminal Services (these last two respondents hereafter being referred to as ITS). IMREA is a nonprofit mutual benefit corporation formed for the purposes of its members’ mutual support and education, those members being former employees of ITS.

Respondent BNSF owned and operated a train rail yard in Los Angeles known as the Hobart Yard. In April 1990, respondent ITS entered into a contract with BNSF to perform the intermodal work at Hobart Yard. Inter-modal work involves loading and unloading cargo and containers to and from railcars and…