Nick J. Crusos v. United Transportation Union, Local 1201 Western Pacific Railroad Company and Herbert Ables

Appellant Nick Crusos appeals the district court’s grant of summary judgment in favor of appellees United Transportation Union (Union) and Western Pacific Railroad Company (Railroad). We hold that the district court lacked subject matter jurisdiction over the Railroad, and we affirm the grant of summary judgment in favor of the Union.

Crusos chose to stop participating in a dues checkoff program, under which his union dues were automatically deducted from his paycheck. He chose instead to pay his monthly dues on his own. According to the Union, he failed to tender his dues in a timely fashion for fifteen months, sometimes missing entire payments. The Union repeatedly contacted him during this period to notify him of the delinquencies. Eventually, the Union suspended him from membership.

The Collective Bargaining General Labor Agreement between the Union and the Railroad requires a union shop, so that all employees must belong to the Union as a condition of employment. The Union informed the Railroad of Crusos’ suspension, and the Railroad terminated his employment. Crusos appealed his discharge to a neutral arbitrator serving in lieu of a Railroad Adjustment Board pursuant to 45…