3 CIR 180 (1976)

NEBRASKA COMMISSION OF INDUSTRIAL RELATIONS

TRANSPORT WORKERS UNION | CASE NO. 159
OF AMERICA, AFL-CIO, |
LOCAL 223, |
|
Plaintiff, |
|
v. | CONCURRING OPINION
|
THE TRANSIT AUTHORITY OF |
THE CITY OF OMAHA, d/b/a |
METRO AREA TRANSIT, |
|
Defendant. |

WALL, J., (Concurring):

I concur both in the result and in the reasoning of the Opinion by Judge Green. I feel, however, that it should be emphasized that whatever due process claims were available under our system of engrafting collective bargaining on to civil service, these claims were never pursued under the contract, nor were they raised here. I also consider that if some warning were necessary under Article VI of the Contract, that the injunction obtained by the defendant could certainly be considered such warning.

Entered September 20, 1976.

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