William Michael Jones v. Union Pacific Railroad Company, United Transportation Union

William Michael Jones appeals a summary judgment in favor of United Transportation Union (the “Union”) and the Union Pacific Railroad Company (the “Company”). The district court rejected Jones’ claims of breach of the duty of fair representation against the Union, breach of contract against the Company, and equitable estoppel against both. We affirm iri part, reverse in part, and remand.

Jones began working for the Company in 1973, first as a trainman and later as a conductor. Jones is a member of the Union. A collective bargaining agreement (the “CBA”), negotiated by the Union, exists between the Company and its employees.

In 1987, the parties to the CBA added a provision allowing Company employees to take a two-year leave of absence from the Company to work for AmTrak. Employees could return any time within the two years. However, for employees whose leaves of absence extended beyond two years, the provision set out certain conditions for returning to the Company. On April 29, 1987, Jones took a leave of absence from the Company to work for AmTrak.

Jones’ leave of absence extended beyond two years. Before the expiration of two years, however, Jones had understood through…